Terms & Conditions - Rollbliss Custom BJJ Gi

Terms & Conditions

TERMS OF USE

Last updated April 15, 2016

By using the rollblissgi.com website or otherwise ordering products from us, you agree to these Terms of Use. Please read them carefully.

SCOPE / GENERAL

Any use of this website or purchase of products from RollBliss Kimonos, LLC (“RollBliss,” “us” or “we”) is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions by us at any time and without notice. When you visit this website, you accept these Terms of Use as currently posted. If you do not agree to any of these terms, you should not use this website or purchase products from us. You represent that you have the knowledge and authority to obtain information from this website and purchase products from us and agree to hold us harmless against any claims of loss or injury resulting in any way from your use of this website.

COMPLIANCE WITH LAWS / LIMITED RIGHTS GRANTED

You agree to observe all applicable laws while using this website. This includes laws in your home state, the state of Texas where we are located, and any other applicable local, state, Federal, or international laws or conventions that apply to this website, including your use of it or purchase of products from us. You may not change, copy, reproduce, upload, post, transmit, transfer, or distribute in any manner any of the information or contents on this website. The information, product names and descriptions and other contents of this website may not be changed, copied, reproduced, sold, supplemented or otherwise used in any other way without our prior written permission. Except for the limited rights of use conveyed herein, no other rights, express or implied, are granted to you.

PROHIBITED ACTIONS

While using this website you agree not to take any of the following actions:

· inflict harm upon on any other person
· take any action toward others that may be deemed morally offensive
· violate any intellectual property rights or any other proprietary rights of others
· upload any contents containing a virus or any other program that could damage data
· transmit, store or upload hyperlinks or contents, which you are not authorized to transmit, store or upload
· insert cookies or other similar programs that adds additional data to, or reports information from, this website

THIRD PARTY WEBSITES

This website may contain links to other websites. Links are provided solely for your convenience and information. We do not monitor these third party websites and are not responsible for the privacy practices or content or information on third party websites. Any link to a third party website does not constitute an endorsement of, or affiliation with, that third party website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these third party websites. RollBliss does not assume any responsibility or liability for the actions, product, and content of any third parties whatsoever.

PRODUCT DESCRIPTIONS

RollBliss attempts to be as accurate as possible. However, RollBliss does not warrant that product descriptions or other content on this website is accurate, complete, reliable, current, or error-free. RollBliss reserves the right at any time without prior notice to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website, including with respect to the products we sell, is inaccurate.

RollBliss has made every effort to display as accurately as possible the colors of the products that appear on this website. However, RollBliss cannot guarantee that your computer monitor will accurately display any particular color.

If a product offered by RollBliss is not as described, your sole remedy is to return it in unused condition.

WEBSITE AND SALE TRANSACTIONS

We reserve the right to refuse any order placed with RollBliss through this website or otherwise. At any time, we may, in our sole discretion, limit or cancel quantities purchased. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event RollBliss makes a change to or cancels an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time you placed the order.

RollBliss reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse service to a person for any reason or no reason at all.

RISK OF LOSS, TITLE, AND RETURNS

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Our goal is for you to be 100% satisfied with the products you purchase from us. We aim to make returns easy with no hassle. If for any reason you not satisfied with an item you purchased from us, you may return it within 30 days of the date of purchase with no questions asked. The product must be in new, unused condition with original tags still in place. If you wish to return an item, email us at returns@rollblissgi.com in order to initiate the return process. YOU MAY NOT RETURN AN ITEM AFTER 30 DAYS HAVE PASSED FROM THE DATE OF PURCHASE. Custom and limited editions products may only be returned if the actual product we ship to you is not substantially similar to the mockup you approve in advance. You acknowledge that custom products may vary slightly from their mockups.

RIGHT TO USE DESIGNS

If you give us artwork or designs to include in a custom product, you automatically grant RollBliss the limited, royalty-free, non-exclusive right and license to use the artwork or designs to manufacture your product. You state that any such artwork or designs are your sole and exclusive responsibility and will not infringe, misappropriate or violate the intellectual property rights of anyone else.

CANCELLATIONS / REFUNDS

You may not cancel an order with us after you pay for it. We will not refund any money. If a product is damaged in transit to you, we will repair or replace it.

DISCLAIMER OF WARRANTIES

Except as set forth these Terms of Use, our products are sold “as-is, where-is” without any warranties of any kind. To the fullest extent permissible under applicable law, we disclaim all warranties of quality, whether express or implied, including, but not limited to, the warranties of merchantability and fitness for particular purpose, of non-infringement, accuracy, freedom from errors, or suitability of content. We bear absolutely no liability from any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration of our products, or any other act or omission on your part.

LIMITATION OF LIABILITY & ACTIONS

We will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating in any way whatsoever to your purchase (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether we have been advised of the possibility of any such damages. In no event will RollBliss’ liability exceed the price you paid us for the product giving rise to the claim or cause of action. No action arising out of or relating to your purchase may be commenced more than twelve (12) months after the basis for such claim could reasonably have been discovered.

ASSUMPTION OF RISK

By buying and using the Goods, you acknowledge that martial arts, mixed martial arts and any similar sports are high risk activities. TO THE FULLEST EXTENT OF THE LAW, YOU VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY AND EVEN DEATH SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY OUR NEGLIGENCE OR OTHER FAULT, including as a result of the malfunction or failure of the Goods to adequately protect you. You agree to indemnify, defend and hold RollBliss harmless from any and all loss or injury to persons or property arising out of handling, use or possession of the Goods.

SALES TAX

Sales tax is applied to your RollBliss order in accordance with individual state and local regulations. Appropriate tax charge, if any, will appear on the “Review Order” page during checkout.

ACCOUNT ACCESS

When you set up an account at this website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this website and order RollBliss products only with the involvement of a parent or guardian. RollBliss reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion at any time for any reason with no liability of any kind.

SECURITY

If passwords or other security procedures are required for accessing any areas of this website, you agree you will comply with the security procedures. You agree not to access or attempt to access any areas of this website that are not intended for general public access. We reserve the right to deny registration to any person for any reason. You agree to provide accurate information when you register for access to secured portions of this website and to update the information you provide when it later changes. You agree to ensure the email address you provide to us is current and can be used to contact you. Do not share your username and password with any other person. You are liable for all transactions and other activities carried out under you username and password. At the end of each online session, you should log-off from all password-protected websites. If you become aware that any other person is using your username and password, notify us immediately in writing.

ELECTRONIC COMMUNICATIONS

When you communicate with us, buy products from us, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy all legal requirements that such communications be delivered in writing. Please do not submit any sensitive personal or company information to us by email since it is not a secure communication medium.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

All comments, feedback, ideas, images, photographs, video clips, audio clips, graphics, data, materials, information and other submissions disclosed or otherwise submitted to RollBliss on or through this website (collectively, “User Content”) shall be and remain RollBliss’ property. Such disclosure or submission of any User Content shall constitute an assignment to RollBliss of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. RollBliss shall not be under any obligation (1) to maintain the confidentiality of any User Content; (2) to pay any compensation for any User Content; (3) to credit or acknowledge any one as the author of certain User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to us will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that User Content submitted by you to us will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material, as determined by us in our sole discretion. You are and shall remain solely responsible for any User Content you submit to us.

INTELLECTUAL PROPERTY RIGHTS

The contents of this website and all trademarks and service marks on it and related to the products we sell are owned by us and protected by all applicable United States and international copyright laws and treaties.
By using this website, you acknowledge that rollblissgi.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “Our 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 of Our Content is copyrighted as a collective work under the U.S. copyright laws, and RollBliss owns a copyright in the selection, coordination, arrangement, and enhancement of Our Content. You may not modify, remove, delete, augment, supplement, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Our Content, in whole or in part. “RollBliss” and its related marks are trademarks and service marks of RollBliss Kimonos, LLC. All rights reserved.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL PRODUCTS, INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES PROVIDED TO YOU THROUGH OR ON THIS WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROLLBLISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE PURCHASE OF ANY PRODUCTS FROM US ARE AT YOUR SOLE RISK.

ROLLBLISS DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROLLBLISS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US OR THIS WEBSITE. FOR YOUR OWN PROTECTION, YOU SHOULD TAKE THE NECESSARY STEPS TO ENSURE APPROPRIATE SECURITY MEASURES AND UTILIZE A VIRUS SCANNER BEFORE DOWNLOADING ANY INFORMATION, SOFTWARE OR DOCUMENTATION.

ROLLBLISS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THIS WEBSITE OR PRODUCTS PURCHASED FROM US AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE OR PRODUCTS PURCHASED FROM US, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ROLLBLISS’ SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, AND/OR (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR PROGRAMS THAT MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE, EMAIL COMMUNICATIONS TO OR FROM US, OR BY ANY THIRD PARTY.

IN NO EVENT SHALL ROLLBLISS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WHATSOEVER (1) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (2) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THIS WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE YEARS AFTER THE CAUSE OF ACTION AROSE.

INDEMNIFICATION

You agree to defend, indemnify and hold RollBliss harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this website or purchase of products from us.

GOVERNING LAW AND DISPUTES

By using this website and/or otherwise ordering products from RollBliss, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RollBliss.

In the event a dispute arises, the dispute will be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time the arbitration is initiated. The arbitration hearing will be conducted in the City of San Antonio, Texas, unless both parties consent to a different location. The decision of the sole arbitrator will be final and binding upon the parties. The prevailing party will be awarded all of the filing fees and related administrative costs incurred in connection the arbitration proceeding, including without limitation, the costs of depositions, witness fees, reasonable attorney’s fees, and similar costs related to collecting an arbitrator’s award. An arbitrator’s decision may be entered in any jurisdiction in which a party has assets in order to collect any amount due.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

MISCELLANEOUS

You agree that this website shall be deemed a passive service based solely in Texas and shall not give rise to personal jurisdiction over RollBliss, either specific or general, in any state other than Texas.

These Terms of Use, together with our Privacy Policy and any other legal notices published by RollBliss on this website, constitute the entire agreement between you and RollBliss concerning your use of this website.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and RollBliss’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition, which shall remain in full force and effect.

Please review our other policies, including our [Privacy Policy and Return policy].

OUR ADDRESS

RollBliss Kimonos, LLC

5401 FM 1626 Suite 170-261

Kyle, TX 78640

support@rollblissgi.com

QUESTIONS

Any questions about these Terms of Use, the practices of this website, our products, or our business practices generally may be directed to us at support@rollblissgi.com.

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