Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE BELOW CAREFULLY BEFORE USING THIS WEBSITE.
The following terms and conditions apply to the use of this website, all products displayed, ordered and purchased, as well as all transactions conducted through this site.
1. Legal Notice:
All notices from Bulletproof MMA Cages, Inc (hereinafter referred to as “Bulletproof”) to you may be posted on our website and will be deemed delivered within thirty (30) days after posting. Bulletproof reserves the right to change listed prices without prior notice and invoice at the corrected price. Bulletproof may deliver notice to you by means of email, a general notice on the site or by other reliable method to any address you have provided to Bulletproof.
2. COPYRIGHT & PROPRIETARY INFORMATION:
a) All content appearing on this website is the property of:
Bulletproof MMA Cages Inc.
105 East Galena Boulevard
2nd Floor
Aurora, Illinois 60505
b) The entire content included in this site, including but not limited to, text, graphics or code is included under copyright laws and is the property of Bulletproof.
c) Any commercial use, including but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless expressly authorized in writing by Bulletproof.
3. Trademarks:
All trademarks, service marks and trade names of Bulletproof used in this site are trademarks of Bulletproof. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of Bulletproof or any third party, except as expressly granted herein.
4. Use of Site:
You may not upload commercial content on this site or use this site to solicit any third party to join another organization. This site may contain other proprietary information, notices, and/or copyright information, the terms of which must be observed and followed. Information, including product pricing, may be changed or updated without notice. No part of Bulletproof’s website may be copied or used, in any manner, without written permission.
5. Disclaimers:
a) Warranty:
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF CONDUCT, OR COURSE OF PERFORMACE FOR ANY PRODUCT OR SERVICE OFFERED FOR SALE BY BULLETPROOF. YOU UNDERSTAND AND AGREE THAT ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE BY BULLETPROOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT BULLETPROOF DOES NOT MAKE ANY WARRANTIES THAT BULLETPROOF’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT YOU USE BULLETPROOF’S PRODUCTS OR SERVICES AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR INJURIES (INCLUDING DEATH) TO YOU OR ANYONE ELSE.
b) WARNING:
THE ITEMS WE SELL ARE MANUFACTURED WITH CARE AND CRAFTSMANSHIP TO PROVIDE A DEGREE OF PROTECTION TO HELP REDUCE THE RISKS OF INJURY. THESE PRODUCTS ARE NOT WARRANTED TO PREVENT INJURY. THEREFORE, THE USER, ASSUMES FULL RESPONSIBILITY FOR ALL RISK OF INJURIES.
c) ASSUMPTION OF RISK:
MUAY THAI, WRESTLING, BOXING, JIU JITSU AND MMA ARE ALL DANGEROUS ACTIVITIES. INJURIES CAN AND WILL HAPPEN. USER, THEREFORE, WILL ASSUME ALL RISKS AND AGREES TO HOLD HARMLESS BULLETPROOF AND ALL AFFILIATES, ASSOCIATES, MANUFACTURERS AND EMPLOYEES OF BULLETPROOF.
d) DUTY TO INSPECT:
WITH TIME, USE, AND GENERAL WEAR AND TEAR, THE MATERIALS USED IN THESE PRODUCTS MAY LOSE SOME OF THEIR EFFECTIVENESS AND REQUIRE REPLACEMENT. IT IS THE SOLE RESPONSIBILITY OF THE END USER TO INSPECT ALL PRODUCTS FOR WEAR AND TEAR.
6. LIMITATION OF LIABILITY:
In no event shall Bulletproof be liable for any damages, including, but not limited to, direct, indirect, special or consequential damages, either in contract or tort (including negligence), whether or not Bulletproof has been advised of the possibility of such damages in advance or that Bulletproof could have been reasonably foreseen. In the event that this limitation of damages is held unenforceable, then you agree that by reason of the difficulty in foreseeing possible damages any and all liability to us shall be limited to One Thousand Dollars ($1,000.000) as liquidated damages and not as a penalty. Any cause of action or claim you assert against Bulletproof (including, but not limited to, the purchase of Bulletproof products) must be commenced within one (1) year after such claim or cause of action arose.
7. TYPOGRAPHICAL ERRORS:
In the event that a Bulletproof product is mistakenly listed at an incorrect price, Bulletproof reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Bulletproof reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card charged.
8. TERM; TERMINATION:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Bulletproof without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.
9. REAL-TIME CHARGES:
When you use your credit card to purchase, it is charged in full at the time of the sale, not when the item ships.
10. WAIVER:
Bulletproof's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
11. ASSIGNMENT:
Bulletproof may assign its rights and duties under this agreement to any party at any time without notice.
12. RETURN POLICY:
You may purchase merchandise from this website by using any one of the payment options listed, however Bulletproof reserves the right to change its payment procedures at any time without prior notice. No refund will be allowed for any cage because each cage is a custom built special order. All purchases of rings, cages, custom mat covers and any custom product are final. No returns or cancellations are allowed.
13. PARTICIPATION DISCLAIMER:
Bulletproof reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, © in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Bulletproof in its sole discretion.
14. INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Bulletproof, its officers, directors, employees, agents, licensors, manufacturers and suppliers (collectively “Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to any product or service (including, but not limited to, negligent or wrongful conduct).
15. FORCE MAJEURE:
Bulletproof shall not be responsible for any failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control, including fire, flood, war, labor disputes, shortages, riots, terrorism, insurrections, explosions, earthquakes, acts of God, provided that Bulletproof notifies.
16. GOVERNING LAW:
Your use of this site and any and all disputes against or involving Bulletproof shall be governed by and construed in accordance with the laws of the state of Illinois. Any dispute arising hereunder shall be referred to and heard in only a court located in Kane County, Illinois without any regard to choice of law provisions.
