Terms & Policies

Terms

Terms of Use Policy

Latest Update 27 May 2024

Please review the Terms of Use carefully.

Table of Contents

1. WHO WE ARE

Welcome to the Fight Supply Company, LLC.

The Fight Supply Company, LLC owns and operates:

This document and the other documents that will be reference below make up our Terms of Use (the “Terms” for short) for the above listed websites.  The Terms are a legally binding contract between you and the Fight Supply Company, LLC, here after referred to as “FSCo.”

Please note Section 21.  Disputes with the FSCo, contains an arbitration clause and class action waiver.  By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *

This contract sets out your rights and responsibilities when you use the FSCo websites, our mobile apps, and the other services provided by the FSCo (we’ll refer to all of these collectively as our “Services”), so please read it carefully.  By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms.  If you do not agree with the Terms, you may not use our Services.  Do you agree with us?  Awesome, read on!

2. INTRODUCTION

Welcome to the Fight Supply Company, LLC.  These Terms govern your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by the FSCo.  The websites are available for your use only on the condition that you agree to the Terms set forth below.  By using the FSCo websites, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf.  If you violate or do not agree to these Terms, then your access to and use of the FSCo websites is unauthorized.  Additional terms and conditions apply to some services offered on the FSCo websites or through other channels.  Those terms and conditions can be found where the relevant service is offered on the FSCo websites or otherwise and are incorporated into these Terms by reference.  In order to help make for a more secure environment for social networking on the FSCo websites and/or making a purchase and completing a sale on the FIGHTsupplySHOP.com, all users are required to accept and comply with these Terms.  You agree that by accessing the websites and/or the Marketplace, you have read, understood, and agree to be bound by all of these Terms. 


BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER FSCO SOFTWARE, SERVICES, WEBSITES OR ANY OF THE FSCO LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.


THE FSCO RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE FSCO’S SOLE DISCRETION.  CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.  THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.


No implication is made that the materials published on the FSCo website(s) are appropriate for use outside of the United States.  If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.  Additionally, this website is published in English and we are not responsible for errors in translation.

3. DEFINED TERMS

In these Terms:

  1. When we say “FSCo,” we mean the Fight Supply Company, LLC, the websites, Shops, Stores and any subsidiaries of the Fight Supply Company, LLC, (including any subsidiaries that the Fight Supply Company, LLC may form or acquire in the future) and their affiliates, directors, officers, employees and agents.  We also refer to the Fight Supply Company, LLC as “we,” “us” and “our.”  But when we say “FSCo Entities,” we mean FSCo; its sellers, suppliers, vendors, contractors, and licensors.
  2. When we say “FSCo websites,” we mean all websites owned and operated by the FSCo and all related functionality, services, and Content offered by or for the FSCo on or through the family of FSCo websites or the systems, servers, and networks used to make FSCo Websites available.
  3. When we say “FSCo Apps,” we mean any “FSCo App” for iPhone and Android, which may when available, be downloaded from the iTunes App Store or the Google Play Store.
  4. When we say “you” or “your” we mean any user whether you personally or on behalf of an entity (“you”) of any FSCo websites and any person who has notice of these Terms.
  5. When we say “Terms,” we mean these Terms and all other terms and policies posted by the FSCo websites (and any updates by FSCo to these Terms and those terms and policies).
  6. When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, video clips, and written and other materials.)
  7. When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the FSCo websites.
  8. When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of FSCo websites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with FSCo websites through the tools offered by such social media platforms).
  9. When we say “Materials,” we mean Content that FSCo Entities make available on or through FSCo websites, including in shop information.
  10. When we say “device,” we mean any device that provides a means of interaction with the FSCo websites.
  11. When we say “Services,” we mean all the website content, materials, communication, marketing, and available functions and processes that are provided to users before, during, and after their interaction with and/or purchase or sale of products through a FSCo website.

4. UPDATES

We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms on the FSCo websites. We reserve the right, in our sole discretion, to make changes or modifications to these Terms. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use the FSCo websites so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the FSCo websites after the date such revised Terms are posted. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check the FSCo websites for any updated Terms. In addition, by continuing to use or access any of FSCo websites or otherwise engaging with FSCo after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed.

5. USE OF FSCo WEBSITES

The FSCo grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to these Terms.  You represent and warrant that the Content you provide on or through the FSCo websites is correct and complete.  You are solely responsible for the confidentiality and security of your account information, including your username, password, and PIN.  The FSCo is not liable for any losses incurred as a result of unauthorized use of your account.  You agree that the FSCo is not liable if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment that governs your use of such payment method on the FSCo websites will continue to apply.  You agree that the FSCo is not a party to any such agreement, and that the FSCo is not responsible for the content, accuracy, or unavailability of any payment method.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except where otherwise required by law, we may (1) alter, restrict access to, suspend, or discontinue the FSCo websites or any part of the FSCo Websites at any time without prior notice to you, and (2) levy, modify, or waive any fees associated with the use of any services, features, or other content made available through the FSCo Websites or any part of the FSCo Websites.

  1. In connection with the FSCo Websites, you will not:
    1. make any Content that may be in violation of the content standards outlined in Prohibited Content section of these Terms or through or in connection with the FSCo websites.
    2. make available any computer code, file, or program that is or is potentially dangerous or intrusive or designed to harm or hijack the operation of, or to monitor the usage of, any hardware, software, or equipment through or in connection with the FSCo websites.
    3. utilize the FSCo websites for any business-related, fraudulent, illegal, otherwise tortious  or unlawful purpose.
    4. harvest or collect information about users of the FSCo websites.
    5. interfere with or disrupt the operation of the FSCo websites or the systems, servers, or networks used to make the FSCo websites available, including by hacking or defacing any portion of the FSCo websites; or violate any requirement, procedure or policy of such servers or networks.
    6. restrict or inhibit any other person from using the FSCo websites.
    7. reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the FSCo websites except as expressly authorized in these Terms, without the FSCo’s express prior written consent.
    8. reverse engineer, decompile, or disassemble any portion of the FSCo websites, except where such restriction is expressly prohibited by applicable law.
    9. remove any copyright, trademark, or other proprietary rights notice from the FSCo websites.
    10. frame or mirror any portion of the FSCo websites, or otherwise incorporate any portion of the FSCo websites into any product or service, unless you obtain the FSCo’s express prior written consent to do so.
    11. systematically download and store any Materials.
    12. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the FSCo websites, without FSCo’s express prior written consent.
    13. cause injury to any person or entity.
    14. violate any law, rule, or regulation, or these Terms.
  2. You will not (1) send any unsolicited or unauthorized Content, such as advertisements, promotional materials, emails, junk mail, spam, or other forms of solicitation; (2) use any meta tags or other hidden text or metadata utilizing an FSCo trademark, logo, URL, or product name without the FSCo’s written consent; or (3) use the FSCo’s name, logo, or brand on any other website not owned by the FSCo.
  3. You will not attempt to do anything that is forbidden by this Section, or permit, encourage, help, or permit any other breach of these Terms to be committed by a third party.
  4. Your rights under these Terms will automatically terminate without notice from the FSCo if you fail to comply with these Terms.  In case of such termination, you must cease all use of the Marketplace and the Services, and the FSCo may immediately revoke your access to the Marketplace and Services without notice to you and without refund of any fees.

6. CONTENT AND IDEAS

6.1 Submitting Content and Ideas

The FSCo provides functionality that enables users to make available Content and Ideas in connection with the FSCo websites.  Any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any FSCo website.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms, including in Section 6(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any of these Terms.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

6.2 FSCo’s Rights to Use Content and Ideas

By posting your content through our services, you grant the FSCo a license to use it.  We don’t claim any ownership to your content, but we have your permission to use it to help the FSCo operate and grow.  That way, we won’t infringe any rights you have in your content and we can help promote it.

You grant to FSCo a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that FSCo is free to use any Ideas for any purpose.  FSCo may sublicense its rights in Content and Ideas through multiple tiers of sublicenses.  FSCo is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to FSCo the right to use any name associated with any Content or Idea that you make available to the FSCo, although the FSCo has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

6.3 Prohibited Content

You agree that you will NOT make available Content in connection with the FSCo websites that:

  1. is false, fraudulent, inaccurate, or misleading;
  2. means to solicit others to perform or participate in any unlawful acts;
  3. contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  4. violates any local, state, federal, or international laws or is otherwise tortious;
  5. is protected by or would infringe on the rights of others (including FSCo), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  6. is obscene, indecent, pornographic, or otherwise objectionable;
  7. is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FSCo in its sole discretion;
  8. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  9. other than competitive martial arts, is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  10. contains advertisements, solicitations, or spam links to other web websites or individuals, without prior written permission from FSCo;
  11. contains or relates to chain letters or pyramid schemes;
  12. impersonates another business, person, or entity, including FSCo, its related entities, employees, and agents;
  13. violates any policy posted on the FSCo websites; or
  14. is intended to cause harm, damage, disable, or otherwise interfere with the FSCo websites or our partners.

7. MONITORING BY FSCo

FSCo will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the FSCo websites, including to determine compliance with these Terms and any other operating rules that may be established by FSCo from time to time.  FSCo will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the FSCo websites, for any reason, including violation of these Terms, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify FSCo for all claims resulting from any Content you make available.

8. MATERIALS AVAILABLE ON THE FSCo WEBSITES

FSCo and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The FSCo makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the FSCo websites, we would appreciate it if you let us know by contacting us at info@fightsupply.com. (Your feedback is a big part of what helps FSCo to get better at helping you!)

 

THE FSCO ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

9. MERCHANDISE

A FSCo website may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Websites).  Such information and the availability of any Product are subject to change at any time without notice.

The FSCo Entities have made efforts to accurately display the attributes of Products, including the applicable colors.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

There may be Products sold for children’s use; however, these Products are intended for sale to adults.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

FSCo is not responsible for, and cannot guarantee the performance of, goods and services provided by Marketplace Sellers (as defined below in Section 17.A), our advertisers, or other third parties to whose websites we link.  While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on FSCo websites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with FSCo’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

10. THIRD PARTY WEBSITES

References on a FSCo Website to any names, marks, products, or services of third parties, or links to third-party websites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  The FSCo is not responsible for the content of any third-party linked website or any link contained in a linked website, including any third-party social media or mobile app platform with which the FSCo websites operate or otherwise interact, nor is the FSCo responsible for the acts or omissions of any operator of any such site or platform.  Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours.  Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them.

11. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

11.1 Billing and Order Acceptance

You guarantee that any credit card or other form of payment you give us is legitimate and that you have permission to use it.  By giving us your payment card details, you give us permission to keep the information and use the card as a payment option for any transactions made using your FSCo account, including on websites and properties owned by the FSCo that you access using your FSCo account credentials.

Your billing information must be complete and accurate at all times.  Any false or inaccurate information provided is a violation of these Terms and could lead to the cancellation of your order.  We might also ask you for more details before approving your order.  Before confirming or completing any purchase, details may need to be verified.  For any reason, including restrictions on the number of units that may be purchased, inaccuracies or errors in product or pricing information, or issues discovered by our credit and fraud prevention department, we reserve the right to refuse or cancel an order.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  

You agree to accept and pay for the products by confirming your purchase at the end of the checkout process,  as well as all shipping and handling charges and applicable taxes. 

In addition to any other remedies available to it, the FSCo may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the FSCo returns policy.

11.2 Pricing Information; Availability

Pricing or availability errors may occur on the FSCo Websites or through marketplace Sellers.  The receipt of an order confirmation does not constitute the acceptance of an order or the confirmation of an offer to sell a Product.  The FSCo reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from the FSCo.  The FSCo may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the FSCo websites or from prices available in FSCo shops or on FSCo Apps.

11.3 Promotional Codes

Promotional codes (also known as coupons or vouchers) offer a credit to a Seller’s account.  Promotional codes are limited in nature and may expire or discontinue with or without notice.   Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

12. SHIPPING AND DELIVERY

Products will be shipped to an applicable address designated by you so long as such address is complete and complies with the shipping restrictions contained on the FSCo websites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

13. EXPORT POLICY

You agree to abide by all applicable laws and realize that products licensed or sold on the FSCo websites may be subject to export control and customs rules and regulations outside of the United States of America (for example, in countries where the products are manufactured and/or received).  When shipping internationally, your shipment may be subject to import duties and taxes.  These additional charges are calculated based on the item type and value.  Every country taxes items differently.  Most countries impose custom/duties fees beyond the cost of the merchandise and shipping already charged to you by the FSCo.  These custom/duties taxes are imposed by each country and are the sole responsibility of you, the consumer.  The FSCo is not able to give an estimate of how much these additional fees will be, if they are charged, as they depend on several different variables.  These additional fees will be due upon the delivery of the package and are not charged by the FSCo or its marketplace sellers.

14. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The FSCo websites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to the FSCo, and are protected by U.S.  copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms, and solely for so long as you are permitted by the FSCo to use the FSCo websites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the FSCo websites or any Materials is transferred to you as a result of your use of the FSCo websites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the FSCo websites.  FSCo websites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the FSCo websites and the Materials is strictly prohibited.  The collection, arrangement, and assembly of the FSCo websites and Materials is the exclusive property of FSCo and is also protected by U.S. copyright laws.

FSCo names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the FSCo websites are trademarks or trade dress of the FSCo in the United States.  All other marks are the property of their respective companies.

15. COPYRIGHT INFRINGEMENT

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on the FSCo Websites in a way that constitutes copyright infringement, please see contact us at info@fightsupply.com to report possible copyright infringement.

16. PRIVACY

You acknowledge that any personal information that you provide through the FSCo websites will be used by the FSCo in accordance with the FSCo’s Privacy Policy (available at https://fightersmarketplace.com/ terms-policies/privacy/), which may be updated by the FSCo from time to time.  If you purchase an item on a FSCo website or affiliate website sold by a marketplace Seller or a FSCo supplier, the FSCo may share certain information with that marketplace Seller or supplier to permit the marketplace Seller or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, T-Mobile, Verizon, or any other branded wireless operator) to disclose to the FSCo and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship.  See the FSCo Privacy Policy for how FSCo treats your data.

17. PROMOTIONS

A different set of rules may supplement or apply to any sweepstakes, contests, raffles, surveys, games, or other promotions (collectively, “Promotions”) made accessible through FSCo websites.  Please read our Privacy Policy and any applicable restrictions before taking part in any Promotions.  If a Promotion’s terms conflict with these Terms, the Promotion’s rules will take precedence.

18. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF A FSCO WEBSITE IS AT YOUR OWN RISK.  THE FSCO WEBSITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FSCO WEBSITES, AND/OR THE FSCO SHOPS OR STORE LOCATIONS, ARE PROVIDED BY THE FSCO ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FSCO WEBSITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FSCO WEBSITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE FSCO WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO FSCO ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM A FSCO WEBSITES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FSCO ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE FSCO ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED.  THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD ON A FSCO WEBSITE TO YOU.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, THE FSCO AND FSCO ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CONDITIONS OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A FSCO ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO FSCO ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE FSCO WEBSITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.  YOU EXPRESSLY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO FSCO ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE FSCO WEBSITES.

20. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend (at the FSCo’s option), indemnify, and hold the FSCo Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your use (or misuse) of the FSCo Websites, your breach of the Terms, or you or your account’s infringement of someone else’s rights. The FSCo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with the FSCo if and as requested by the FSCo in the defense and settlement of such matter.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

21. DISPUTES & ARBITRATION; APPLICABLE LAW

If you are unhappy with us, please let us know, and hopefully we can resolve your issue.  But if we cannot, then these rules will govern any legal dispute involving our Services:

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Using or accessing the FSCo websites constitutes your acceptance of this Arbitration provision.  Please read it carefully as it provides that you and the FSCo will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE FSCO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE FSCo AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  

Governing Law – The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America.  These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Arbitration – You and the FSCo agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules.  Judgment on the arbitration award may be entered in any court that has jurisdiction.

The arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made the American Arbitration Association (the “AAA”) or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding.  The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

22. SEVERABILITY

In the event that any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or the FSCo.  You may terminate your account at any time, provided that you discontinue any further use of the FSCo websites.  We also may terminate your account at any time and may do so immediately without notice, and deny you access to the FSCo websites, if in our sole discretion you fail to comply with any term or provision of these Terms.  Upon any termination of your account by either you or the FSCo, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the FSCo websites, as well as all copies of such Content, whether made under these Terms or otherwise.

24. ENTIRE AGREEMENT

These Terms constitute the entire agreement and understanding between you and the FSCo, and they supersede all prior agreements and representations between the parties regarding the subject matter of these Terms. These Terms do not establish, and shall not be construed to establish, any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the FSCo. The headings in these Terms are for reference only and do not define or limit the scope of the section. If any provision of these Terms is deemed unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. The FSCo’s failure to act in response to a breach of these Terms by you or others does not constitute a waiver and does not limit the FSCo’s rights in response to such or subsequent breaches. Without our express prior written consent, you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms. We may freely assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.  Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms) may be made via posting to the FSCo Websites or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. MARKETPLACE

FIGHTsupplySHOP.com

The FSCo operates an online marketplace at the FIGHTsuppluSHOP.com which enables Marketplace Sellers to sell their products and, once an order is placed, to ship such Marketplace Sellers’ products directly to the customer.  Any use of the FSCo Marketplace is subject to the following additional terms:

  1. When we say “Marketplace Seller,” we mean any entity or Seller that sells goods or services in the FSCo Marketplace through the FSCo websites, uses any order processing, fulfillment, shipping, or other services related to the FSCo Marketplace provided by or for the FSCo, or uses any platform, portal, web service, application, interface, or other tool provided by or for FSCo in connection with the FSCo Marketplace.
  2. By purchasing a product from any of our Marketplace Sellers, you acknowledge that all FSCo Marketplace orders will be fulfilled by the third-party Marketplace Seller and not the FSCo.  The Marketplace Seller (and not the FSCo) will be responsible for all processing, shipping, returns, and customer service related to your FSCo Marketplace order.  Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with its return policy.  Each Marketplace Seller’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Seller’s Shop page found at the Fightersmarketplace.com.  For other terms that apply to the FSCo Marketplace, including important notices and disclosures, see the FightersMarketplace.com.
  3. To the fullest extent provided by applicable law, the FSCo has no responsibility or liability for any Marketplace Seller, their products, or representations.
  4. The FSCo will do it’s best to monitor and discipline any Marketplace Seller that does not meet the FSCo standards of quality service.

26. HOW TO CONTACT US

If you have any questions or comments, please email us at policy@fightsupply.com, or by mail at the following address:  Fight Supply Company, LLC, 516 E Byron Nelson Blvd, #924, Roanoke TX 76262.  Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

FSCo Websites: © 2019-2024 FSCo All Rights Reserved.
FSCo Apps: ©2019-2024 FSCo All Rights Reserved.