THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS 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.
DEFINITION
"TenCount" as used herein means Ten Count Sporting Goods Inc. and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.
HIGH RISK ACTIVITY
Products sold by TenCount include equipment and gear used in boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of TenCount's products, you understand and agree that boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration 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 TenCount including but not limited to equipment malfunction from whatever cause, or any other fault of TenCount. Additionally, you agree to indemnify, defend and hold TenCount harmless from any third party claims arising from such High Risk Activities or any other TenCount product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a TenCount product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold TenCount harmless from any claims made by them arising from their use of TenCount products.
WARRANTY DISCLAIMER
TenCount warrants its products to be free from defects in materials and workmanship for a period of one year from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. TenCount’s warranty will be null and void on Smart Series Heavy Bags if they have opened by the consumer or have been struck with objects other than gloved hands and feet. TenCount's sole liability is limited to repairing or replacing products that are returned within the one year period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, TenCount'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 TenCount's liability exceed the value of the products sold. TenCount shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments. 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.
WARNING
Use and misuse of products sold through TenCount's websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. TenCount cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through TenCount's websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments.
INSPECT BEFORE EACH USE
This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to TenCount for a replacement.
GENERAL DISCLAIMER
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. TenCount 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.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
Your order from TenCount shall be interpreted and construed in accordance with laws of the Province of Ontario without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the courts located in the province of Ontario, Canada and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of TenCount products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, must be commenced within one (1) year after the claim or cause of action arises. TenCount'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.
PROMOTIONAL AND SALE DISCLAIMER
Discounts do not include shipping charges. Online promo code may only be used once and cannot be combined with any other discount offers, coupon codes or promotional offering. Total order value does not include shipping or taxes. Promotions & offerings are subject to change without notification. For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund. Flat Rate Shipping and other shipping promotions are available within Canada only. Heavy bags and oversized items are not eligible for shipping discounts unless otherwise stated.