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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Note: All policies and terms of conditions are subject to change without notice.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Shinobi Gear, Inc. The collective work includes works that are licensed to Shinobi Gear, Inc. Copyright 2011, Shinobi Gear, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Shinobi Gear, Inc. or purchasing Shinobi Gear, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Shinobi Gear, Inc. or to purchase Shinobi Gear, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Shinobi Gear, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Shinobi Gear, Inc. used in the site are trademarks or registered trademarks of Shinobi Gear, Inc. Shinobi Gear logo , shinobigear.com , shinobigear.net , shinobigear.org , shinobiforum, Budo Naturals Logo, budonaturals.com, Living Budo Logo, livingbudo.com, Ninjutsu World, ninjutsuworld.com and Shinobi World Logo, shinobiworld.com and any likeness is a Licensed/Registered Trademark of Shinobi Gear Inc. No part of the Shinobi Gear logo, and/or the pages contained in this website, and/or any of Shinobi Gear, Inc. divisions and/or affiliations may be reproduced, stored in or introduced in a retrieval system, or transmitted in any form or by any means (electronically, mechanical, photocopying, recording or otherwise), without the prior written permission of both the Trademark owner and/or the company owner.

Non Compete/Non Disclosure Agreement

You agree not to copy, reproduce and/or manufacture any and all products listed on/in our website, web store, pro-shops and/or any and all locations where Shinobi Gear, Inc. products and/or services are located and/or displayed. This includes but not limited to any likeness/and or resemblance of any and all products such as structure, color, style, dimensions, and any and all materials used. Furthermore you agree not to disclose any and all pricing and/or proprietary information related to Shinobi Gear, Inc.

Returns and Exchanges
100% customer satisfaction guaranteed! Purchaser may return the products purchased within 14 days of receiving the products for a full refund (excluding the shipping charges) Or purchaser may exchange product for the same product if damaged during shipping. All returns and exchanges must be accompanied with original invoice, un-damaged, not worn, un-washed, un-altered, un-soiled, and needs to be suitable for resale. Resale ability to be determined by Shinobi Gear Inc.

There will be no refunds or exchanges on all custom items and special order items unless due to manufacturer's defect. Any merchandise deemed to be defective by Shinobi Gear Inc. will be exchanged for exact same product or issued a store credit. Customers are responsible for all shipping and handling charges on returned or exchanged merchandise. All merchandise must be returned in its' original packaging. It is recommended that you insure the returned merchandise and ship requiring a signature upon receipt.

Due to the nature of Martial Arts and/or Martial Arts Training, Shinobi Gear, Inc. cannot and will not be liable for any damages to product as a result of said Martial Arts and/or Martial Arts Training. Unless due to manufacturer's defect and falls and/or is within the (14) day return policy. Manufacture's defect to be determined by Shinobi Gear, Inc. Furthermore Shinobi Gear, Inc. cannot and will not be liable for any damages to product/products as a result of misuse and/or abuse of said product/products in all manners and activities within and including but not limited to all Martial Arts related activities and/or training, and including but not limited to all activities and/or training not related to and/or not within Martial Arts activities/training.

In order for us to process your refund or exchange it is required of you to fill out our "Refund and Exchange Form" copy and include it with your returned merchandise. Please click on the link here:

*Please allow 2-4 weeks for all returned and/or exchanged merchandise.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Shinobi Gear, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement. Shinobi Gear, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Shinobi Gear, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Shinobi Gear, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Shinobi Gear, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Weapons and Training Weapons Policy

Martial Arts Weapons and/or Training Weapons shown and/or listed on these pages are solely for training, demonstrative purposes, and for display. Arts Weapons and/or Training Weapons should be used responsibly and under proper supervision. Certain Martial Arts Weapons and/or Training Weapons cannot be sold to minors under the age of 18 (Eighteen) including all sharp bladed (Live) Weapons. Some U.S. States and Foreign Countries prohibit the sale, receiving, and use of certain Weapons and/or Training Weapons. It is solely your (the purchasers) responsibility to know your local and National Laws regarding Weaponry and/or Training Weaponry before you place, (purchase) your order. Parental permission does not constitute and is not sufficient to order and purchase Weapons and/or Training Weapons. Shinobi Gear Inc. is not and will not be liable for the purchase and/or use of any Weapons and/or Training Weapons purchased from our web store and/or our organization or any of our affiliates.

Typographical Errors

In the event that a Shinobi Gear, Inc. product is mistakenly listed at an incorrect price, Shinobi Gear, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Shinobi Gear, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Shinobi Gear, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Shinobi Gear, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Shinobi Gear, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Shinobi Gear, Inc.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Shinobi Gear, Inc. products) shall be in the state or federal courts located in Marion County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Shinobi Gear, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Shinobi Gear, Inc.'s failure to insist upon or 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 between the parties nor trade practice shall act to modify any of these terms and conditions. Shinobi Gear, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Shinobi Gear, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Shinobi Gear, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Shinobi Gear, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Shinobi Gear, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Shinobi Gear, Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Shinobi Gear, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Shinobi Gear, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Shinobi Gear, Inc. , Shinobi Gear, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Shinobi Gear, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Shinobi Gear, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Furthermore, Shinobi Gear Inc. our subsidiaries, or any affiliates are not responsible for the practices employed by any third party (Web Sites) linked to or from our Web Site nor the information or content contained therein. You will be subject to the third parties' (Web Sites) policies and procedures. Not ours. Often links to other web sites are provided solely as pointers to information on topics that may be useful to the users of our Web Site.