TERMS & CONDITIONS

 

  1. BINDING EFFECT. These Terms & Conditions (“Agreement”) constitute a contractual agreement between you and Sword Carolina (“SwordCarolina.com”, “Sword Carolina”, “we”, “us”, “our”) regarding your use of http://www.SwordCarolina.com (“Site”). Read the document carefully. You agree to this contract by checking a box evidencing your agreement when signing up for a membership.

 

  1. PRIVACY POLICY. We respect your privacy and believe in transparency in relation to our information collection practices. A complete statement of our current privacy policy can be found here. Our privacy policy is expressly incorporated into this Agreement by reference.

 

  1. ENTERTAINMENT AND EDUCATIONAL PURPOSES. Information and content provided on the Site is intended for entertainment and educational purposes only. Historical European Martial Arts involve physical activity on the part of participants, and you should check with your medical professional to determine whether you are healthy enough to participate in such activities. If you choose to follow the exercises or practices provided as part of your membership without consulting a physician, you are doing so at your own risk.

 

  1. LICENSE TO USE. When you visit SwordCarolina.com, we grant you a limited, terminable, non-exclusive right to access and use the content provided on the Site. The amount of content you may access will be determined by the membership option you select. We reserve the right to terminate this license at any time without cause and in our sole discretion.

 

  1. MEMBERSHIP OPTIONS. We offer you a number of membership plans. You can compare plans on the registration page for the Site. These plans are incorporated into this Agreement by reference. We reserve the right to modify these plans at any time, but said modification shall only become effective upon providing you with 30 days written notice pursuant to the update provisions detailed in this Agreement. Your continued use of the Site shall act as an acknowledgement you have read and accepted the new plans.

 

  1. CANCELLATION AND REFUNDS. You may obtain a full refund of your membership payment during the first 10 calendar days of your initial month as a member of the Site. No full refunds are provided following the initial 10 calendar days of your subscription. Please contact us to request a refund here.

 

  1. TERMINATING PAYPAL PAYMENTS. You must maintain a PayPal.com account to obtain a membership with us. Should you choose to terminate your membership, you must access your PayPal account to terminate the automated payments made to us. We cannot terminate the payments for you since we have no access to your account.

 

  1. SWORD CAROLINA RIGHT TO TERMINATE. We reserve the right to terminate your account for violating this Agreement, your engagement in activities that we determine harm us in our sole discretion, upon request of law enforcement authorities, or for non-payment of membership fees. We may, in our sole discretion, provide you with a reason for termination, but shall not be required to do so. Termination of your membership will include denial of access to your account as well as being banned from registering for a new account with us. No refund of any type shall be issued upon termination of a paid subscriber.

 

  1. PRODUCTS PURCHASES, RETURNS, AND EXCHANGES. We may sell specific products from time-to-time. The purchase price for said products shall be in excess of the cost of your membership with the Site. All sales are final unless a refund is required by relevant law. We will, however, provide a full refund or exchange for a product of equal value in situations where the original product shipped to you is defective so long as you notify us within 10 days of receipt of the product. In such cases, Sword Carolina will assume the shipping costs associated with the return or exchange.

 

  1. AGE. You must be 18 years or older to obtain a membership with our Site. If you are 13 to 18 years of age, you agree to have a parent or legal guardian arrange membership for you. In doing so, the parent or legal guardian shall be considered to have agreed to the conditions of this Agreement. Individuals under age 13 are prohibited from using or obtaining a membership with the Site.

 

  1. BLOCKING VISITORS. We reserve the right to, in our sole discretion, block any party from visiting the Site.

 

  1. CONFIDENTIALITY AND PASSWORDS. When you open an account with us, you must complete the registration process by providing the complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time or share your username and password with any third party. You agree to notify us immediately if you discover any unauthorized use of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

 

  1. ALLEGED VIOLATIONS. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that we or any of our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to suspend or terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, furnished us with false or misleading information, or interfered with use of the Site; videos, articles and other information published on the Site; [“Content” or “content”] or products by others.

 

  1. NO WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, CONTENT, PRODUCTS AND SERVICES OF SWORD CAROLINA IS AT YOUR SOLE RISK. SWORD CAROLINA HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE, PRODUCTS OR SERVICES WE OFFER. WE ARE MAKING THE SITE, CONTENT AND PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, CONTENT OR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

  1. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE OR PRODUCTS PROVIDED TO YOU BY US IN AN AMOUNT IN EXCESS OF THE TOTAL FEES YOU HAVE PAID FOR YOUR MEMBERSHIP WITH US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANOTHER OTHER LEGAL THEORY OR FORM OF LEGAL ACTION.

 

  1. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

 

  1. AFFILIATED SITES. We have no control over, and no liability for any third party websites or content appearing on the Site. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, content and product, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

 

  1. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site, content and products provided by us. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with services to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the services. Any violation of system or network security may subject you to civil and/or criminal liability.

 

  1. NO ENDORSEMENTS. The mere appearance of any individual or company on the Site is not indicative of any endorsement by us of said individual or company.

 

  1. INDEMNITY. You agree to indemnify, defend, and hold harmless us, our affiliates, officers, members, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, content or products, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

  1. COPYRIGHT. All contents Copyright © 2015 – Sword Carolina. All rights reserved.

 

  1. EMAIL COMMUNICATION. When you contact us or register for a membership, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.

 

  1. ARBITRATION. All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Greenville County, South Carolina, under the rules of commercial arbitration of the American Arbitration Association (the “Rules”). Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses, all of which each party shall bear separately). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, if a party breaches its obligations under this paragraph, the non-breaching party may seek injunctive or other equitable relief in federal or state court in the jurisdiction of Greenville County, South Carolina. The parties agree to be bound by this arbitration clause upon the formation of this contract.

 

  1. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of South Carolina, without reference to their rules regarding conflicts of law. Should the arbitration provision in this Agreement be invalidated for any reason, you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Greenville County, South Carolina in all disputes arising out of or related to the use of the Site, content or products.

 

  1. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

  1. TRADEMARKS. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, services marks, or logos owned by Sword Carolina whether registered or not.

 

  1. MODIFICATIONS AND UPDATES. From time-to-time, we may modify and update this Agreement. You agree that we have the right to modify and update this Agreement. In modifying this Agreement, we shall:

 

  • Provide you notice by email of said change 30 days prior to the change going into force.
  • Clearly publish on the member login page the fact a modification will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.

 

You may choose to reject the proposed modifications or updates by canceling your membership with us, and ceasing your use of the Site.

 

Have questions regarding this Agreement? Contact us using the “Contact” function on the Site.