Terms And Conditions

DISCLAIMER:

Consult a doctor before beginning this or any other physical activity. Any user assumes the full risk of injury resulting from performing the techniques presented in Elite Personal Safety Systems seminars, workshops or DVDs. Elite Personal Safety Systems is not liable for injuries, lawsuits or criminal charges that result from use of the Defender. Check your local laws regarding the possession and use of the Defender also commonly referred to as a Kubaton. User assumes all risks and liabilities.

Terms and Conditions

INTRODUCTION

This site is provided by Elite Personal Safety Systems, LLC ("EPS"). Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. EPS reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of EPS Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

ELECTRONIC COMMUNICATIONS

When you visit EPS web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by EPS, one of its affiliates or by third parties who have licensed their materials to EPS and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of EPS and is also protected by U.S. and international copyright laws. EPS and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of EPS's or any third party's intellectual property rights. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner. References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply EPS's endorsement, sponsorship or recommendation of the third party, information, product or service. EPS is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

LICENSE AND SITE ACCESS

EPS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EPS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EPS, our affiliates or suppliers without express written consent. Any unauthorized use terminates the permission or license granted by EPS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EPS so long as the link does not portray EPS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of EPS’s logos or other proprietary graphic or trademark as part of the link without express written permission. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use EPS web site only with involvement of a parent or guardian. EPS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EPS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from EPS on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

USER REVIEWS, FEEDBACK, SUBMISSIONS, COMMENTS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to EPS on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain EPS's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to EPS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, EPS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EPS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. EPS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". EPS does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant EPS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify EPS and its affiliates for all claims resulting from any Comments you submit. EPS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

DISPUTES

Any dispute relating in any way to your visit to EPS or to products you purchase through EPS web site shall be submitted to confidential arbitration in EPS’s state except that, to the extent you have in any manner violated or threatened to violate EPS's intellectual property rights, EPS may seek injunctive or other appropriate relief in any state or federal court in its state, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

PRIVACY NOTICE

EPS, its affiliates and suppliers take your privacy seriously. This notice describes our privacy policy. By visiting EPS, you are accepting the practices described in this Privacy Notice.

Here are the types of information we gather.

Information You Give Us:

We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, improving our schools, and communicating with you.

Automatic Information:

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses EPS web site.

E-mail Communications:

To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from EPS if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.

Cookies:

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide advanced features, keep track of your basket contents, etc.

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We will release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of EPS, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. If you choose to visit EPS, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the state EPS operates in. This Notice and the Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. It is your responsibility to check our Web site frequently to see recent changes.

ONLINE ORDERING

EPS, our affiliates and suppliers advocate caution and courtesy in training and disclaims all liability from the use of equipment and products purchased from EPS web site. Please consult a physician before beginning any new exercise program. It is also your responsibility to check your local laws to see if products listed on EPS web site are allowed to be used in your area.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing or Typographical Errors

While EPS strives to provide accurate product and pricing information, pricing or typographical errors may occur. EPS cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, EPS shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, EPS may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Quantity Limits & Dealer Sales

EPS reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. EPS also reserves the right to prohibit sales to dealers.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Refunds and Exchanges
Unless an item is defective ALL SALES ARE FINAL.

All exchange requests for defective items purchased from EPS web site must be brought to EPS for processing. We do not accept exchanges of any item that is returned more than 10 days after delivery.

Shipping Policy

Orders are normally processed in one business day and shipped via US Postal Service. Your order may arrive in multiple packages based on quanities ordered.

Shipping Rates and Taxes

Shipping and Handling Rates are based on USPS Priority Flat Rate Shipping charges. State Tax is charged and is based on EPS’s location.

We accept Credit Card payments only for online orders when shipping within the United States and its territories. EPS is not responsible for and cannot be held liable for any additional fees, levies or taxes that a country may impose on a customer's order of goods. Our shipping and handling charges does not cover this extra cost.

Certain countries will impose additional unspecified charges that the customer will be responsible for such as customs duty, customer V.A.T., clearance fee, etc. To determine the additional amount (if any), please query the appropriate regulatory agency of your country prior to placing your order as we cannot reimburse you once shipment is made.

Heavy or Oversize Items

Some heavy or large items, which are identified as oversize in their product descriptions, have special shipping and handling costs in addition to regular shipping and handling charges. Please note: Some oversize items cannot be shipped to Alaska, Hawaii, or U.S. protectorates and territories.

Out of Stock/Back Orders

We will notify you if your request is currently out of stock. In most cases, back orders should be received within 3–4 weeks.

Weapons

Certain types of nunchakus and other weapons cannot be shipped to Canada nor to the states of California, Massachusetts, and New York. You must check Federal, State and Local laws because weapons may be illegal in your area. EPS will not sell weapons to minors and disclaims all liability from the sale and use of products on this web site.

Email Confirmations

Shortly after placing your order, you will receive an email confirming that we have received your order. Please save these email invoices for your records.

RISK OF LOSS

All items purchased from EPS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

INDEMNIFICATION

You agree to defend, indemnify and hold EPS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, expert witness fees arising from or related to your use of the Site or products listed on the Site.

TERMINATION

These terms are effective unless and until terminated by either you or EPS. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. EPS also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in EPS's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or EPS, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of EPS to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit EPS's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under EPS’s State law as such law applies to agreements between residents of that state entered into and to be performed within EPS’s State. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of EPS’s state.

DISCLAIMER

THIS SITE IS PROVIDED BY EPS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EPS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF EPS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EPS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE EPS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EPS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EPS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS PURCHASED FROM THIS SITE.

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