TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE EDGEDWARRIORARTS.COM website herein referred to as the “Site.” All general users and registered end users of this Site agree that access to and use of this Site including purchasing any and all items from this Site are subject to the following terms and conditions and other applicable law. If the general user or registered end user does not agree to these terms and conditions, please do not use the Site or purchase items from this Site. Purchasing items, materials, equipment, or products from this Site constitutes full acceptance of the Terms and Conditions of Use and all corresponding policies of the Site by a registered end user.
Executive Martial Arts is a registered company in the state of Tennessee. Executive Martial Arts does business as Edgedwarriorarts.com. For all financial transactions associated with items, materials, equipment, and product purchases, the company name will appear as Executive Martial Arts LLC.
Content and Specifications of Items, Material, Equipment, and Product
All features, content, specifications, pictured images, and prices of items, materials, equipment, products and services described or depicted on the Site are subject to change at any time without notice. Specifications, presented in pictured images or not in pictured images, defined as colors, finishes, measures, weights, and similar descriptions are approximate and are provided to the general user or registered end user for convenience purposes only. The Site makes all reasonable efforts to accurately display the attributes of featured products, including the applicable colors, however, the actual color the registered end user sees will depend on the registered end user computer’s operating system, internet browser, and computer monitor. Therefore, the Site cannot guarantee that the registered end user’s computer screen nor computer monitor will accurately render such color display accurately. With the changing nature of raw materials necessary in the manufacturing processes involved in the hand-forged, custom ordered sword equipment and material productions, the manufacturers of the materials, equipment, and products sold on the Site reserve the right to alter the design and use comparable materials as is necessary to meet the demands of production or due to limited availability of product materials. The inclusion of any items, materials, equipment, products, or services in pictured images or not in pictured images on the Site at a particular time does not imply or warrant that these items, materials, equipment, products, or services will be available at any time.
End User Participation Disclaimer
The Site does not and will not review all communications and materials posted to or created by general users or registered end users accessing the Site, and is not in any manner responsible for the content of these communications and materials. The registered end user acknowledges that by providing the registered end user with the ability to view and distribute user-generated content on the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, the Site reserves the right to block or remove communications or materials that it determines to be abusive, deceptive, defamatory, fraudulent, in violation of a copyright, trademark or; other intellectual property right, misleading, obscene, offensive, or otherwise unacceptable to the Site in its sole discretion.
It is the registered end user’s responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any and all materials, equipment, or product related items purchased from the Site. By placing an order, the registered end user represents that the items, materials, equipment, or products ordered will be used only in a lawful manner. Any instructional DVDs and similar products sold are for private, home use, and non-public performance may not be reproduced, not be duplicated, and may not be shown in any venue where the purchaser of said products, the registered end user, charges an admission fee.
Delivery, Shipping, and Return Policies
Specific delivery, shipping, and return policies apply to the all orders from this Site. Please consult the Delivery, Shipping, and Return policies page for specific information pertaining to all order for all hand-forged, custom ordered swords products from this Site.
Item, Material, Equipment, or Product Pricing
The Site reserves the right to change pricing without notice. Equipment orders from the Site will be invoiced at the price on the date on which the Site received the order. Prices presented on the Site represent U.S. dollar (USD) pricing.
Item, Material, Equipment, and Product Warranty Disclaimer
The items, materials, equipment, and products featured on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable the State of Tennessee Law, the Site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Site does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, or that the defects will be corrected. The Site does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
The registered end user, defined as the individual end user or purchaser of items, materials, equipment, or products, agrees to indemnify, defend, and hold harmless the Site, its officers, directors, employees, agents, licensors, and suppliers (collectively known as the “Site Service Providers”) from and against all losses, expenses, damages and costs, including all attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to the registered end user account (including negligent or wrongful conduct) by the registered end user or any other person accessing the Site using the registered end user r Internet account and end user credentials.
The registered end user’s use of the Site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions and not by the 1980 U.N. Convention on contracts for the international sale of goods. The registered end user agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of the Site’s products) shall be in the state or federal courts located in state of Tennessee, U.S.A. Any cause of action or claim the registered end user may have with respect to the Site (including but not limited to the purchase of the Site’s products) must be commenced within three (3) months after the claim or cause of action arises. The Site’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 practices of the Site shall act to modify any of these terms and conditions. The Site may assign its rights and duties under this Agreement to any party at any time without notice to the registered end user.
Limitation of Liability
EdgedWarriorArts.com, the “Site,” shall not be liable for any consequential, circumstantial, or damages resulting from the use of, or the inability to use, the items, materials, equipment, or products on this site or the performance of the products, even if the Site has been advised of the possibility of such damages.
Marketing Activities in Conjunction with Third Party Links
The Site may choose to deliver electronic notices to the registered end user by means of e-mail, a general notice on the Site, or by other reliable electronic methods to the address the registered end user have provided to the Site as part of registration and purchase.
A registered end user’s profile stores their personal information. To access a registered user account a registered end user will need their email address and registered password. The Site recommends that registered end users utilize strong password creation practices. Registered end users may research strong password creation practice techniques on the internet search engine of their choice.
The Site accepts Mastercard, PayPal, or Visa. The Site does not accept checks, money orders, or C.O.D. as form of payment.
The Site does not issue refunds of any kind for any and all orders of the hand-forged, custom ordered swords defined specifically as any variant of the tiered classifications of the Tengu Nodachi, Tengu Wakizashi, or Tae Ryong Kum swords. The tiered classifications of the hand-forged, custom ordered swords include Tier One, Tier Two, and Tier Three sword variants. All sales for any tiered classification variant of the Tengu Nodachi, Tengu Wakizashi, or Tae Ryong Kum swords are considered final.
EdgedWarriorArts.com assumes no responsibility for resold materials, equipment, or products and offers no warranties for resold materials, equipment, or products. Materials, equipment, or products sold through the Site are sold directly to the registered end user, the direct purchaser, of the items, material, equipment, or product. EdgedWarriorArts.com is removed of any liability and any remedy by law resulting from events caused or associated with the resale of purchased items. This removal of liability and remedy of law provision also applies and transfers to the situation where the initial item, material, equipment, or product purchaser resells the material, equipment, or product to subsequent individuals.
The Site will deduct restocking fees and restocking fees will apply for selected items, materials, equipment, or products. Please refer to the Delivery, Shipping, and Returns policies.
The Site utilizes standard electronic commerce protocols, practices, and technologies not limited to Secure Socket Layers (SSL), data encryption methodology, and firewall protections. The Site does not guarantee that information transferred over the Internet will be 100% completely secure. Herein, the Site utilizes different security techniques to protect the registered end user’s data from unauthorized access by users inside and outside of the Site. The Site does not ensure or warrant the security of any information that the registered end user transmits to the Site and therefore the registered end user does so at their own risk.
During the item, material, equipment, or product electronic commerce checkout process, a registered end user should check that their specific web browser of choice has established a secure connection to the Site’s host server. A padlock symbol or icon typically will appear in one of the corners of the registered end user’s web browser window depending upon the registered end user’s web browser.
Please refer to the shipping and returns page for additional information. The Site does not ship orders outside of the United States of America.
These terms and conditions are applicable to the registered end users upon the registered end user accessing the Site, beginning and/or completing the registration process, participating in the shopping process, and/or purchasing items, materials, equipment, or products from the Site. These terms and conditions, or any part of them, may be terminated by the Site without notice at any time, for any reason. The provisions relating to and described in the following sections: End User Participation Disclaimer, Equipment Warranty Disclaimer, Indemnification, Jurisdiction, Limitation of Liability, and Resale Provisions shall survive any termination in perpetuity.
In an attempt to provide increased value to the general user and registered end users, the Site may provide links to third party sites operated by those third parties. However, even if the third party is affiliated with the Site, the Site has no control over these third party linked sites, all of which have separate privacy and data collection practices, independent of the Site. These third party linked sites are provided to the registered end user only for the registered end user convenience and therefore the registered end user accesses the third party links and subsequent sites at their own risk. Nonetheless, the Site seeks to protect the integrity of its website, website content, and the links placed upon it.
Under Age Individuals (Minor) Usage
The Site is not intended for minors. The Site will not accept orders from minors classified as those individuals under the age of 18. Should a registered end user falsify their age in order to gain access to order items, materials, equipment, or products from the Site, the falsification of age voids and invalidates the transaction. The falsification of age indemnifies, defends, and holds harmless the Site, its officers, directors, employees, agents, licensors, and suppliers (collectively known as the “Site Service Providers”) from and against all losses, expenses, damages and costs, including all attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to the registered end user account (including negligent or wrongful conduct) by the registered end user or any other person accessing the Site using the registered end user Internet account and end user credentials.
Copyright ©2015. All Rights Reserved. EdgedWarriorArts, a subsidiary of Executive Martial Arts, LLC.
Last updated April 17, 2015.