This web-site, located at www.KnockoutAthletics.com, is owned and operated by Knockout Athletics Global, LLC (“We” or www.KnockoutAthletics.com). By using this web-site and accepting these terms and conditions of use, you agree to be bound by the following terms and conditions of use, without modification. Knockout Athletics Global, LLC reserves the right to alter or otherwise modify these terms and conditions of use at any time without prior notice. Such changes, if and when made, will be posted on this web-site. It is your responsibility to check these terms and conditions of use frequently for any changes or modifications. Your use of this web-site after any changes to these terms and conditions of use are made and posted signifies your agreement to be bound by the terms and conditions of use as modified.
QUALIFIED CUSTOMERS ONLY
The Knockout Athletics website is designed for use by customers who are the sole owners of the respective method of payment. When placing orders through this website, the buyer represents that he or she is the individual who’s name appears on the method of payment.
Any prices that may be found on the Knockout Athletics website or other material distributed by us are for immediate purchase only and are subject to change or correction without notice. Prices listed on the Knockout Athletics website shall not constitute a quotation for future purchase. Prices do not include sales taxes.
ORDER OF ACCEPTANCE
All orders are subject to our acceptance and availability of product. It is our intent to deliver your order promptly. We will not be liable for damages due to delivery delays of any kind.
RETURNED GOODS POLICY
Material may not be returned without our prior authorization. We will give full credit for merchandise returned due to defects, subject to the terms of the manufacturer’s warranty. We will also issue full credit for errors by us provided your request is made within seven days of your receipt of the merchandise. Returns due to customer error or change in requirements may be subject to a 30% restocking charge; outbound freight not originally billed to the customer and return freight charges. We also reserve the right to refuse return authorization. We reserve the right to refuse unauthorized returns.
All sales are final after thirty (30) days.
The items on these pages are manufactured with care and craftsmanship to provide a degree of protection to help reduce the risks of injury. These products are not warranted to prevent injury. The user, therefore, assumes full responsibility for all risk of injuries. With time and use the materials used in these products will lose some of their effectiveness and require replacement.
We make every effort to insure that all information is correct. We reserve the right to change listed prices without prior notice and invoice at the corrected price.
All Knockout Athletics Global, LLC shipments are made FOB shipping point. In the event of loss or damage to a shipment, you must note any shortages or damages on the delivery receipt, and then request the delivering carrier to make an inspection. A claim must then be filed on the carrier without delay. Claims for concealed loss or damage must also be filed with the carrier immediately upon discovery. While we do not assume any responsibility for freight claims, we will provide reasonable assistance to help you bring about settlement with the transportation company.
All sales are subject to payment at time of order placement. We accept PayPal, Visa, MasterCard, Discover and American Express.
LIMITATION OF LIABILITY
Knockout Athletics Global, LLC shall be limited to either the replacement of the goods or refund of the purchase price and in no case shall it be liable for incidental or consequential damages.
Any transactions arising out of the buyer’s use of this website or otherwise initiated with Knockout Athletics Global, LLC shall be governed by and construed in accordance with the internal laws of the State of New York applicable to agreements made and to be performed entirely within that State, without regard to the conflicts of laws principles of New York.
Any dispute regarding interpretation or enforcement of any of the parties’ rights or obligations under any transactions between the buyer and Knockout Athletics Global, LLC shall be resolved by binding arbitration according to the rules of the American Arbitration Association in Westchester County, New York. The parties irrevocably submit to personal jurisdiction of any State court in Westchester County or the United States District Court of New York, in any action or other legal proceeding to enforce any award made by the arbitrators. The arbitrators may award attorneys fees to the prevailing party in any arbitration proceeding. All costs and expenses of the arbitration, including actual attorney’s fees, shall be allocated among the parties according to the arbitrator’s discretion. The arbitrator’s award may be confirmed and entered as a final judgment in the courts noted above and enforced in accordance with the arbitration statutes of the State of New York. Proceeding to arbitration and obtaining an award shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under such transactions.
RESTRICTIONS ON USE OF MATERIALS
All material posted on this web-site, including but not limited to graphics, text, pictures, layout, audio, and video clips (the “Content”) are protected by United States Copyright law and belong to or are licensed by Knockout Athletics Global, LLC. Absolutely no Content of this web-site may be copied, reproduced, exchanged, transmitted, transferred, modified, uploaded, downloaded, published, sold or distributed without the prior written consent of marclothing.com or Knockout Athletics Global, LLC . All trademarks, service marks, proprietary logos and trade names, including but not limited to “Knockout Athletics,” “KO Knockout Athletics”, “KO Athletics,” “www.KnockoutAthletics.com,” and are the sole proprietary property of or are licensed to Knockout Athletics Global, LLC . The use and posting of trademarks, service marks, proprietary logos and trade names on this web-site in no way implies or otherwise gives you a license to use them. No trademark, service mark, proprietary logo or trade name may be used in any manner without the prior written consent of KnockoutAthletics.com or Knockout Athletics Global, LLC.
INFORMATION PROVIDED BY YOU
Knockout Athletics Global, LLC has the highest regard for the privacy of its customers. For this reason, Knockout Athletics Global, LLC shall keep confidential and not sell, trade or release any account numbers, or debit, charge or credit card numbers (hereinafter “Account Information”) you provide to KnockoutAthletics.com when purchasing products from or paying debts owed to KnockoutAthletics.com. Should it become necessary, Knockout Athletics Global, LLC may use the Account Information in connection with judicial or legislative proceedings. If used in connection with judicial or legislative proceedings, Knockout Athletics Global, LLC shall keep the Account Information confidential unless and until a court orders otherwise. Knockout Athletics Global, LLC may provide your name and/or postal address and/or e-mail address to other companies meeting mar clothing high standards that offer products or services that you may be interested in.
Unless otherwise agreed to in writing, any information that you provide to marclothing.com other than Account Information shall remain the sole property of Knockout Athletics Global, LLC including but not limited to any correspondence sent to marclothing.com via electronic mail. Knockout Athletics Global, LLC understands that with the expansion of the Internet, security has become the number one concern among web shoppers. With this in mind, we have made it our top concern as well.
A cookie is simply a piece of data tied to information about you that is stored on your computer. Knockout Athletics Global, LLC uses both session ID and persistent cookies. Knockout Athletics Global, LLC uses session ID cookies in some parts of this web-site in order to track the visits to this web-site. The session ID cookies terminate once you exit or close your browser. Persistent cookies, on the other hand, are pieces of data tied to information about you that are stored on your computer for an extended period of time. Should you desire to remove persistent cookies from your hard drive, simply go to your Internet browser and follow the directions on your browser about removing persistent cookies. You may also set your browser to refuse all cookies or alert you to their presence by following the instructions of your browser.
LINKS TO OTHER SITES
Knockout Athletics Global, LLC may provide you with links to other Internet sites on this web-site. Knockout Athletics provides you with these links as a convenience and courtesy only and is not responsible for any content of any Internet site linked to or accessed from this web-site. By providing you with links to other Internet sites, Knockout Athletics in no way endorses, approves, or recommends the Internet site(s). Any site you decide to link from this web-site shall be at your own risk. Knockout Athletics shall in no way be responsible for any destructive elements, including viruses, that you encounter when visiting Internet sites linked to or from this web-site.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of law rules. You herein irrevocably consent to the exclusive jurisdiction and venue of the courts in Yonkers, NY, U.S.A., for any claim or dispute arising out of or relating to these Terms and Conditions of Use or your use of this web-site. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with litigating any such claim or action. Unless otherwise specified, the Content of this web-site is intended to be used for the purposes of providing information about Knockout Athletics products and services and related sporting and recreational events. No Content from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By using or downloading the Content of this site, you represent and warrant that you are not located in, or under the control of, or a national resident of, any such country or on any such list. Knockout Athletics does not warrant that this Site will be available or legal to use outside the United States of America. It is solely your responsibility to comply with the laws of other countries and the United States when accessing or using this Site from outside of the United States.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CLOTHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THE
(1) ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE, OR
(2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN
YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MAR CLOTHING NEGLIGENCE, SHALL MAR CLOTHING BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO
(A) THE USE OF THE SITE,
(B) THE INABILITY TO USE THE SITE, OR
(C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE,
EVEN IF KNOCKOUT ATHLETICS OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT KNOCKOUT ATHLETICS SHALL ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KNOCKOUT ATHLETICS TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Knockout Athletics and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in Knockout Athletics defense of any claim. Knockout Athletics reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Knockout Athletics Global, LLC.