FIGHTERTIPS.COM
PRIVACY POLICY
TERMS OF SALE
TERMS OF SERVICE
STORE TERMS AND CONDITIONS
END USER LICENSE AGREEMENT
TERMS OF USE AND USER CONDUCT
REGARDING INFORMATION
Privacy Policy
FIGHTERTIPS.COM
Privacy Policy:
We at FIGHTERTIPS.COM would like to assure you that any information given to us is very secure.
Any information given to us is never sold, traded, loaned or shared with any third parties.
If you have any questions about the security at our Web site, you can send an email to
management@FIGHTERTIPS.COM.
Main Store Policy:
1. By entering this website you have released and discharged the providers/owners and creators of this site from any and all liability which might arise from using this website.
2. All goods supplied by FIGHTERTIPS.COM remain the property of the vendor, FIGHTERTIPS.COM until such time as they are paid for in full.
3. All goods sold through this site are sold as "novelty goods". The vendor FIGHTERTIPS.COM cannot be held responsible for any injury caused by improper use.
4. This site trades in accordance with recent directives for online trading as follows: We provide a secure checkout for the encrypted delivery of sensitive customer information such as contact and credit card details.
5. Uploading material you do not own is a copyright violation and against the law. If you upload material you do not own, your account will be deleted. By clicking “I Accept” below you are agreeing to the FIGHTERTIPS.COM terms of use, FIGHTERTIPS.COM terms of service and privacy policy.
6. All video, audio and any materials uploaded or submitted to FIGHTERTIPS.COM becomes property of FIGHTERTIPS.COM. By clicking “I Accept” below you are agreeing to the FIGHTERTIPS.COM terms of use, FIGHTERTIPS.COM terms of service and privacy policy.
FIGHTERTIPS.COM cannot be held responsible for orders delayed by incorrect address information supplied during the checkout process.
Use of this site constitutes your acceptance of these terms and conditions which take effect on the date which you first use the site. These Terms and Conditions do not affect your statutory rights.
Returns/Refund conditions:
1. We are happy to accept returns on any product in its original package in an unused (we adhere to strict health and hygiene conditions), unwashed and unworn condition (with all tags intact) for up to 1 week from the date of shipment. A full refund will be applied to your account (less shipping) upon receipt of your return.
IMPORTANT: You MUST notify us via email of your intent to return your item(s) within 7 days of receipt, by using the link provided on this page (See below). Also, you MUST follow the return procedures in their entirety as they are emailed to you. Failure to comply with these conditions completely may result in the denial of your return and/or refund.
2. Refunds cannot be made under any circumstances until the goods have been returned to us and the return has been processed and approved.
3. We are unable to receive any returns where an amount owing is due (i.e. duties, taxes, COD etc...). All items received where an amount owing is due, will be refused and returned to sender. Please be sure to follow the returns procedure carefully to avoid this problem.
4. All refunds must be initiated within 7 days of receiving the merchandise.
5. All Refunds will be applied within 7 days of receipt of returned goods.
6. Any RETURNS should be addressed to 7510 Sunset Blvd. Suite 607 Los Angeles, CA 90046
Exchanges Policy:
1. If you would like to exchange for another item, please follow the normal returns process detailed above and simply place a new order for the correct product.
Damaged Goods & Goods Received in Error Policy:
1. In the instance that goods are received in a damaged condition, an exchange must be initiated within 7 days of receiving the merchandise.
2. All returned goods must be in an unused condition, and in the case of DVDs, must remain unopened. Product must be sealed, showing no signs of wear, and with all tags intact. Failure to comply with these conditions will result in the denial of exchange.
Please feel free to contact us at
Management@FIGHTERTIPS.COM
FIGHTERTIPS.COM STORE
TERMS OF SALE
SALES TO END USERS ONLY
The FIGHTERTIPS.COM Store sells products ("Products") to end user customers only.
REFUND POLICY
All Sales are final.
PAYMENT METHODS
The FIGHTERTIPS.COM Store accepts credit cards, payment through your PayPal account, and Allowance Account balances as forms of payment. If a credit card company, or your PayPal account, is being used for a transaction, FIGHTERTIPS.COM may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter. If the balance from is used for an
The FIGHTERTIPS.COM Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
PLEASE NOTE
We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.
BILLING
If you are transacting using 1-Click or your PayPal account, your order may be authorized and billed in gradual increments during one purchasing and renting (as applicable) session as you click the "Buy Now" button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement.
If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single transaction.
SALES TAX
FIGHTERTIPS.COM Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the FIGHTERTIPS.COM Store.
FIGHTERTIPS.COM reserves the right to enhance Products purchased from the FIGHTERTIPS.COM Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).
The FIGHTERTIPS.COM Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). FIGHTERTIPS.COM reserves the right to change prices for Products offered at the FIGHTERTIPS.COM Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
The FIGHTERTIPS.COM Store makes every effort to provide a broad content offering. For this reason, FIGHTERTIPS.COM reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact FIGHTERTIPS.COM Store Customer Service for assistance in such cases (see below).
FOR ASSISTANCE WITH ORDERS - FIGHTERTIPS.COM Store CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.FIGHTERTIPS.COM.com/support/store/.
CONTENT USAGE RULES
Your use of any Products purchased from the FIGHTERTIPS.COM Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
OTHER TERMS AND CONDITIONS
FIGHTERTIPS.COM is not responsible for typographic errors.
FIGHTERTIPS.COM reserves the right to change the terms and conditions of sale at the FIGHTERTIPS.COM Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
All transactions on the FIGHTERTIPS.COM Store are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in California upon electronic transmission to the recipient. No FIGHTERTIPS.COM employee or agent has the authority to vary any of the FIGHTERTIPS.COM Store's policies or the terms and conditions governing any sale.
FIGHTERTIPS.COM Store
TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FIGHTERTIPS.COM INC. ("FIGHTERTIPS.COM") STATING THE TERMS THAT GOVERN YOUR USE OF THE FIGHTERTIPS.COM STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF FIGHTERTIPS.COM'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND FIGHTERTIPS.COM. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND FIGHTERTIPS.COM MAY REFUSE ACCESS TO THE FIGHTERTIPS.COM STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the FIGHTERTIPS.COM Store Service. FIGHTERTIPS.COM is the provider of the FIGHTERTIPS.COM Store (the "Service") that permits you to upload and download fight training and video.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that FIGHTERTIPS.COM shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that FIGHTERTIPS.COM does not guarantee their accuracy.
5. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
7. Privacy
FIGHTERTIPS.COM's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to FIGHTERTIPS.COM's Privacy Policy which is expressly made a part of this Agreement. If you have not already read FIGHTERTIPS.COM's Privacy Policy, you should do so now.
At all times your information will be treated in accordance with FIGHTERTIPS.COM’s Customer Privacy Policy.
8. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. FIGHTERTIPS.COM may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that FIGHTERTIPS.COM may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.
9. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify FIGHTERTIPS.COM of any unauthorized use of your Account or any other breach of security. FIGHTERTIPS.COM shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, software, ring tones, and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by FIGHTERTIPS.COM and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by FIGHTERTIPS.COM for compliance purposes, and FIGHTERTIPS.COM reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by FIGHTERTIPS.COM for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
10. Purchase of FIGHTERTIPS.COM Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and FIGHTERTIPS.COM shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules
(I) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be authorized to use the Products on five FIGHTERTIPS.COM-authorized devices at any time, except in the case of Movie Rentals, as described below.
(vi) You shall not be entitled to burn video Products.
(vii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.
(ix) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
(x) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(xiii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. FIGHTERTIPS.COM reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of FIGHTERTIPS.COM. Accordingly, in the event that FIGHTERTIPS.COM changes any part of the Service or discontinues the Service, which FIGHTERTIPS.COM may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that FIGHTERTIPS.COM shall have no liability to you in such case
e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant FIGHTERTIPS.COM a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
FIGHTERTIPS.COM reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
FIGHTERTIPS.COM has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that FIGHTERTIPS.COM in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy.
12. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase, and that FIGHTERTIPS.COM may charge your credit card or PayPal account for any Products purchased , and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FIGHTERTIPS.COM WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until FIGHTERTIPS.COM can verify the validity of the new credit card or PayPal account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOU’RE AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
13. Delivery of Products.
b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by FIGHTERTIPS.COM.
14. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by FIGHTERTIPS.COM and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of FIGHTERTIPS.COM Content or Other Materials. Notwithstanding any other provision of this Agreement, FIGHTERTIPS.COM and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will FIGHTERTIPS.COM be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. FIGHTERTIPS.COM may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the FIGHTERTIPS.COM Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by FIGHTERTIPS.COM and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. FIGHTERTIPS.COM, the FIGHTERTIPS.COM logo, and other FIGHTERTIPS.COM trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of FIGHTERTIPS.COM Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
15. Termination.
a. Termination by FIGHTERTIPS.COM. If you fail, or FIGHTERTIPS.COM suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide FIGHTERTIPS.COM with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, FIGHTERTIPS.COM, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. FIGHTERTIPS.COM reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and FIGHTERTIPS.COM will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws. The Service is controlled and operated by FIGHTERTIPS.COM from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
17. Enforcement of These Terms. FIGHTERTIPS.COM reserves the right to takes steps FIGHTERTIPS.COM believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FIGHTERTIPS.COM's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that FIGHTERTIPS.COM has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as FIGHTERTIPS.COM believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FIGHTERTIPS.COM's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, FIGHTERTIPS.COM may provide links to certain third-party Web sites. You acknowledge and agree that FIGHTERTIPS.COM is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. FIGHTERTIPS.COM does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that FIGHTERTIPS.COM is not in any way responsible for any such use by you.
19. Disclaimer of Warranties; Liability Limitations.
a. FIGHTERTIPS.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FIGHTERTIPS.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOU’RE USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY FIGHTERTIPS.COM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL FIGHTERTIPS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FIGHTERTIPS.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. FIGHTERTIPS.COM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FIGHTERTIPS.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. FIGHTERTIPS.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FIGHTERTIPS.COM DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE FIGHTERTIPS.COM STORE THAT ARE STORED IN YOUR SYSTEM.
20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD FIGHTERTIPS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY FIGHTERTIPS.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FIGHTERTIPS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FIGHTERTIPS.COM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes. FIGHTERTIPS.COM reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the FIGHTERTIPS.COM Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices. FIGHTERTIPS.COM may send you notice with respect to the Service by sending an email message to the email address listed in your FIGHTERTIPS.COM Account contact information, by sending a letter via postal mail to the contact address listed in your FIGHTERTIPS.COM Account contact information, or by a posting on the FIGHTERTIPS.COM Store. Notices shall become effective immediately.
23. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FIGHTERTIPS.COM or relating in any way to your use of the Service resides in the courts of the State of California.
24. Miscellaneous. These Terms of Service constitute the entire agreement between you and FIGHTERTIPS.COM and govern your use of the Service, superseding any prior agreements between you and FIGHTERTIPS.COM. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. FIGHTERTIPS.COM's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. FIGHTERTIPS.COM will not be responsible for failures to fulfill any obligations due to causes beyond its control.
FIGHTERTIPS.COM Store
25. FIGHTERTIPS.COM reserves the right to close customer accounts and request alternative forms of payment. FIGHTERTIPS.COM Store.
26. FIGHTERTIPS.COM AND ITS LICENSEES, AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, ITUNES CARDS, CONTENT CODES, ALLOWANCES OR THE FIGHTERTIPS.COM STORE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE OR ALLOWANCE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
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