MAIA'S Terms, Conditions, & Refund's Policy
THE FOLLOWING TERMS, CONDITIONS, & REFUNDS POLICY APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
Products sold through this website, MAIA's catalog sales or otherwise, include martial arts curriculum, equipment and gear for martial arts training and instruction. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
Any martial art weapons sold through MAIA's website or catalog are intended for demonstration or display as a collection item only. Use and misuse of Martial Arts weapons involves serious risks, including injury, disability and death. Weapons are sold only for training under expert supervision, for demonstration of forms, collection or display. Inspect weapons before each use to ensure they are in proper condition. If any unsafe condition is observed, do not use the product. Do not use weapons for sparring or contact. Sales of certain items are governed by local, state, federal and international law. It is the buyer's responsibility to check all applicable law concerning use, ownership, legal age and possession of any product offered by MAIA. By purchasing any item, the buyer warrants compliance with all local, state, federal and international law, and that the buyer is legally able to purchase and sell all items being purchased from MAIA's website or catalog. MAIA disclaims any and all liability related to improper, illegal , unintended use or modification of weapons sold through the website or catalog. The purchaser, user or participant assumes all risk of injury from any use. No weapons are sold to anyone under 18 years of age without parental consent. Weapons and items over 42" cannot be sent out of the United States. Some weapons may be prohibited in your area. Please check state statutes and local ordinances before ordering.
By buying MAIA's products, you understand and agree that fitness and martial arts are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of MAIA including but not limited to equipment malfunction from whatever cause, or any other fault of MAIA. Additionally, you agree to indemnify, defend and hold MAIA harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other MAIA product.
MAIA warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. MAIA's sole liability is limited to repairing or replacing products that are returned prepaid to MAIA within this 30-day period, unless specific product literature specifies otherwise. Due to vendor requirements, books and videos cannot be refunded once the seal is broken. MAIA's warranty as to books and videos is limited to exchange for the same title if the tape or book proves defective. See our Return and Refund Policy for more information.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF MAIA. MAIA NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
As set forth above under the limited warranty provisions, MAIA's liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall MAIA's liability exceed the value of the products sold. MAIA shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalog. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through this website, MAIA's catalog or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. MAIA cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through this website, MAIA's catalog or otherwise.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. MAIA reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Your order from this website or from MAIA's catalog shall be governed in all respects by the laws of the State of Oklahoma, U.S.A. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The State of Oklahoma's law governing "Sales," as found in Title 12A of the Oklahoma Statutes has specific application to goods sold by MAIA to you, subject to disclaimers and limitations of liability set forth herein. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from MAIA not exceeding $4500.00 will be in the small claims division of District Court of Oklahoma County, Oklahoma. You agree that any dispute or controversy arising out of or relating to the purchase of goods from MAIA exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Oklahoma, as found in the Oklahoma statutes at Title 15. Such arbitration shall occur in Oklahoma County, Oklahoma before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of MAIA products or any other claim related to the use of the website or catalog must be commenced within one (1) year after the claim or cause of action arises. MAIA's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
The terms and conditions of all sales by MAIA provide that all disputes between you and MAIA will be resolved by BINDING ARBITRATION.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF OKLAHOMA COUNTY, OKLAHOMA. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT FOR MORE DETAILS, SEE "APPLICABLE LAW AND ARBITRATION" ABOVE.
Product Return and Refund Policy
MAIA offers a 30 day money back guarantee on all its products. If the product is defective or unsatisfactory to the customer we will issue a refund on the product once it is returned. Any return must be accompanied by an RMA number which can be obtained by contacting the MAIA customer service department at 1-866-626-6226. The customer must mark the packaging used for the return with this RMA number and a copy of the invoice must be included in the return. Product being returned must be in new condition unless received by the customer as defective. MAIA will not refund the cost of shipping the product to the customer or the cost of shipping for the returned product. There are no refunds on video tapes, DVDs, CDs, or any product returned in packaging that would allow damage to occur in shipping.
Membership Refund Policy
MAIA offers a 30 day money back guarantee on its membership start-up package (enrollment package). In order to receive a refund for this, the customer must contact MAIA's membership department and request an RMA number for the return. MAIA will refund the entire cost of the start-up package only excluding shipping costs to or from the customer. 100% of the contents of this package must be in the returned package and in new condition in order to qualify for the refund. After the start-up package, monthly packages are non-refundable once they are billed. Cancellation of membership must be done prior to the 1 st of the new month to avoid billing and shipping for that month. All membership cancellations must be in writing.
3 Day Trial Membership Policy
I agree to pay $1 for a three (3) day trial Value subscription to maSuccess.com (MAIA). I understand that my membership will automatically convert to an ongoing monthly subscription at $19.99 per month at the end of the introductory program, unless I cancel my subscription. I give MAIA permission to automatically charge/debit $19.99 at the conclusion of my three (3) day trial using the same method of payment provided to pay the $1 introductory fee.
Your use of the Martial Art Industry Association (MAIA) web site (the "Site") is subject to the following terms and conditions ("Terms of Use"). Before registering on the Site or otherwise using the Site or any of the services available on the Site, please read all of these Terms of Use carefully. By accessing any areas of this Site, you agree to be legally bound and to abide by these Terms of Use. If you do not agree with any part of these Terms of Use, you should not register with or use this Site. If you have any questions about these Terms of Use, please call us at (866) 626-6226 or contact memberservices@masuccess.com
ACCEPTANCE OF TERMS THROUGH REGISTRATION AND USE
By registering at and using this Site, you agree to all terms, conditions and notices contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, please do not register with or use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
REGISTRATION AND SECURITY
When you register to become a MAIA Member, you will be asked to provide certain information about yourself, such as your name, telephone number and address. You agree to provide accurate and complete information when registering to become a MAIA Member. This information will be subject to our Privacy Policy. Once you have completed the registration form, you will be issued a Password which will allow you to access areas of the Site reserved for MAIA Members only and also allow you to access information and services on the Site which have been customized with information regarding you. As discussed in our Privacy Policy, it is important that you keep your Password confidential at all times and not share it with anyone. You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Web Site or any auction or purchase being conducted on our site or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site.
LINKS TO OTHER WEB SITES AND SERVICES
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "MAIA" or www.masuccess.com; (b) the link must "point" to the URL " http://www.masuccess.com " and not to other pages within the MAIA Web Site; (c) the link, when activated by a user, must display the MAIA Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
THIRD PARTY PROVIDERS
MAIA may make available to you on the Site, links to, and information about, third party service providers ("Providers") which, in some instances, will offer special discounts or promotions to MAIA Members. You acknowledge and agree that:
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the MAIA, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MAIA is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any violation will be prosecuted to the full extent of the law.
COPYRIGHT
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, video, PDF's and software, is the property of MAIA or its content suppliers and protected by United States copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MAIA and protected by United States copyright laws. All software used on this Site is the property of MAIA or its software suppliers and protected by United States copyright laws. The content and software on this Site may be used only for the purposes intended by MAIA. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
TRADEMARK NOTICE
The graphics, logos and service names are trademarks and servicemarks of MAIA which appear on the Site may not be used in connection with any product or service that is not MAIA's in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits MAIA.
USER'S GRANT OF LIMITED LICENSE
With regard to all material you may post to this Site, such as on bulletin and/or message boards, you (a) grant MAIA and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MAIA will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. MAIA, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this Site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
Except as otherwise expressly provided on this Site in connection with certain services, under no circumstances shall MAIA, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MAIA has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MAIA's liability in such jurisdictions shall be limited to the extent permitted by law. If, notwithstanding the above, MAIA is found liable for any loss or damage relating to the use of this Site, you agree that the liability of MAIA shall in no event exceed the fee or charge you have paid MAIA in connection with the transaction from which your claim arises.
INDEMNIFICATION
Upon a request by MAIA, you agree to defend, indemnify, and hold harmless MAIA and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. MAIA reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MAIA in asserting any available defenses.
THIRD PARTIES USERS
If you allow a third party access to this Site under your Password, you must inform the third party of all these Terms of Use, and you agree to indemnify and hold MAIA harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the third party's failure to fulfill any of its obligations as described on these Terms of Use.
USE OF SITE
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by MAIA. MAIA and its affiliates reserve the right to refuse service, terminate accounts and/or cancel orders in its discretion, including, without limitation, if MAIA believes that your conduct violates applicable law or is harmful to the interests of MAIA and its affiliates. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
RULES OF USER CONDUCT
You agree that you will not harvest or collect information about MAIA Members or users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions and ideas disclosed, submitted or offered to MAIA or in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of MAIA and may be used by MAIA in any medium and for any purpose worldwide without obtaining your specific consent.
MAIA IS NOT AN ADVISOR
You understand and agree that MAIA is not a business manager, advisor, Global Custodian, or broker-dealer nor is it affiliated with any business manager, advisor, Global Custodian, broker-dealer. The information on this Site is intended for educational and informational purposes only. Accordingly, MAIA does not offer advice regarding the quality or suitability of any business advice and assumes no responsibility or liability for any decisions or advice, treatment, or services rendered by any Global Custodian, expert panelist, broker-dealer, advisor, business manager, or consulting service provider featured on this Site. MAIA shall not have any liability for decisions based upon, or the results obtained, from the content provided herein.
INTERNATIONAL USE
MAIA makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own initiative and are responsible for compliance with local laws.
Your order and use of this Web Site shall be governed in all respects by the laws of the State of Oklahoma, U.S.A. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The State of Oklahoma's law governing "Sales," as found in Title 12A of the Oklahoma Statutes has specific application to goods sold by MAIA to you, subject to disclaimers and limitations of liability set forth herein. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from MAIA not exceeding $4500.00 will be in the small claims division of District Court of Oklahoma County, Oklahoma. You agree that any dispute or controversy arising out of or relating to the purchase of goods from MAIA exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Oklahoma, as found in the Oklahoma statutes at Title 15. Such arbitration shall occur in Oklahoma County, Oklahoma before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of MAIA products or any other claim related to the use of the Web Site or catalog must be commenced within one (1) year after the claim or cause of action arises. MAIA's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
The terms and conditions of all sales by MAIA provide that all disputes between you and MAIA will be resolved by BINDING ARBITRATION.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF OKLAHOMA COUNTY, OKLAHOMA. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT FOR MORE DETAILS, SEE "APPLICABLE LAW AND ARBITRATION" ABOVE.
CHOICE OF LAW AND FORUM
The MAIA Web Site (excluding linked sites) is operated by us from our offices within the United States. It can be accessed from all regions, as well as from other countries around the world. As each of these places has laws that may differ from those USA, by accessing the MAIA.com Web Site, you agree that these Terms of Use and your use of the MAIA Web Site shall be governed in all respects by the internal substantive United States laws. MAIA makes no representation that materials on the MAIA Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and MAIA with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MAIA with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
MAIA reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
HOW TO CONTACT US
If you have any questions or comments regarding these Terms of Use or the Site, please contact us at (866) 626-6226 or at memberservices@masuccess.com.
All contents of this Website are the property of MAIA. Copyright 2006 MAIA, All Rights Reserved.