The terms and conditions set forth below apply to all sales of The Bold Look, Inc. (hereinafter referred to as the “BL”) products. These terms and conditions include, but are not limited to, LIMITED WARRANTIES, WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY, and MANDATORY ARBITRATION PROVISIONS. Keeping or using a BL product indicates your agreement to the terms and conditions set forth below. If you do not wish to agree, you must not use the product and must also return the UNUSED product to the BL within 14 calendar days from the date of purchase.
MARTIAL ARTS WARNING AND DISCLAIMER: Martial arts, training, and boxing, as well as weapons demonstrations, are dangerous, high-risk activities. They involve serious risks, including, but not limited to, the risk of serious injury, disability, or death (“Personal Injury”). The BL’s products do not eliminate, warrant, or guarantee to protect the user from Personal Injury. The BL’s products should be used only during supervised martial arts activities and should be inspected before each use to ensure that they are functioning properly. Do not use any product that does not appear to be in a proper or safe condition. Read and follow all specific product warnings and instructions. Save all product documentation for your reference.
MARTIAL ARTS WEAPONS WARNING AND DISCLAIMER: Martial arts weapons are sold solely for the purposes of collection, display, or demonstration by experts. Do not use weapons for sparring or contact of any kind. Martial arts weapons may be illegal in some areas. The sale and purchase of certain items may be regulated or prohibited by Federal, State, and/or Local laws that may be applicable to you. It is your responsibility to check the laws that are applicable to you or in your area before purchasing. By purchasing any of the BL’s products, you represent and warrant that the purchase is compliant with all applicable laws, including, but not limited to, all laws concerning the legal age for the purchase, use, ownership, or possession of such products. The BL will not sell weapons to anyone who is less than 18 years of age without parental consent in accordance with applicable law.
ASSUMPTION OF RISK DISCLAIMER: When using any of the BL’s products, the user expressly and voluntarily assumes all risks, including, but not limited to, the risks of personal injury. This assumption of risk applies whether or not personal injury was caused by the negligence or other fault of the BL, including, but not limited to, the malfunction of a BL product from whatever cause. Additionally, you agree to indemnify and hold the BL harmless from any third party claims involving any product you have purchased from the BL.
LIMITED REPLACEMENT WARRANTY: THE BL WARRANTS ITS PRODUCTS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF 90 CALENDAR DAYS FROM THE DATE OF PURCHASE, PROVIDED THEY HAVE NOTBEEN SUBJECTED TO ABUSE, NEGLECT, OR MISUSE. THE BL’S SOLE LIABILITY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF SUCH PRODUCTS WHICH ARE RETURNED TO THE BL WITHIN THIS 90-DAY PERIOD. KEEPING OR USING A BL PRODUCT INDICATES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO AGREE, YOU MUST NOT USE THE PRODUCT AND MUST ALSO RETURN THE UNUSED PRODUCT TO THE BL WITHIN 14 CALENDAR DAYS FROM THE DATE OF PURCHASE, AND WILL BE A CHARGE OF 15% RESTOCK FEE.
WARRANTY DISCLAIMERS: THE LIMITED REPLACEMENT WARRANTY STATED ABOVE SHALL BE IN LIEU OF ALL OTHER WARRANTIES. THERE SHALL BE NO EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF ANY ALLEGED COURSE OF
DEALING, CUSTOM, OR USAGE OF TRADE. THE BL EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION ON LIABILITY: IF ANY CLAIM IS MADE AGAINST THE BL THAT INVOLVES A PRODUCT THE BL HAS SOLD WHICH IS NOT COVERED BY THE LIMITED REPLACEMENT WARRANTY STATED ABOVE, THE BL’S LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SALE PRICE PAID TO THE BL BY THE ORIGINAL PURCHASER OF SAID PRODUCT, WHCH SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AGAINST THE BL. IN NO EVENT SHALL THE BL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER CONTRACTUAL OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM ANY LOSS OF USE, PROFITS, OR BUSINESS, EVEN IF THE BL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRODUCT WEIGHT DISCLAIMER: Product weights are approximate and are measured on an averaged ounce per square yard basis. Actual product weights may vary based on various factors, including, but not limited to, the color of the product. The BL makes no express guarantees or warranties of any kind with respect to actual product weights.
GENERAL DISCLAIMER: All prices, specifications, and color shades are subject to change without notice.
GOVERNING LAW, CHOICE OF FORUM, AND ARBITRATION OF DISPUTES: Although we do not anticipate any disputes involving the BL’s products, you agree that any and all disputes or controversies of any kind arising between or among you and the BL (collectively referred to as the “CLAIMS”) shall be governed by Florida law. You agree that any claim for which there is no federal jurisdiction and which does not exceed $5,000 (exclusive of costs, interest, and attorneys’ fees) shall be litigated under the Florida small claims rules in the county court of Miami-Dade County, Florida. You further agree that any other claim shall be resolved exclusively through binding arbitration pursuant to the provisions of the Florida Arbitration Code before the American Arbitration Association (“AAA”) in Miami-Dade County, Florida. In the event of arbitration, the arbitration panel will consist of three (3) attorneys whose experience makes them familiar with the types of claims involved in the arbitration. The AAA rules and procedures are available upon request by contacting the local chapter of the AAA.
The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any other representative capacity for others in the arbitration.
SEVERABILITY: If any portion of these terms and conditions is invalidated by a Court of competent jurisdiction, then all of the remaining terms and conditions shall remain in full force and effect.
NOTICE OF DISPUTE RESOLUTION AGREEMENT AND WAIVER OF YOUR RIGHTS
BY AGREEING TO THE GOVERNING LAW, CHOICE OF FORUM, AND ARBITRATION OF DISPUTES PROVISION ABOVE, YOU ARE WAIVING CERTAIN RIGHTS. AMONG OTHER THINGS:
(A) YOU AND THE BL ARE WAIVING THEIR RIGHT TO A HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE BETWEEN THEM;
(B) YOU AND THE BL ARE WAIVING THEIR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE BETWEEN THEM; AND
(C) YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION CLAIM AGAINST THE BL.