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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.
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
Fudoshin. The collective work includes works
that are licensed to Fudoshin. Copyright 2002,
Fudoshin. 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 fudoshinwear.com or
purchasing Fudoshin 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 Fudoshinwear.com or to purchase
Fudoshin 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 Fudoshin. 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 Fudoshin used in the site
(including but not limited to the Fudoshin
name, the Fudoshin Logo Design are trademarks
or registered trademarks of Fudoshin. Other
logos including Verisign, and Flexfit are the
property of the respective companies and are
protected.
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,
Fudoshin disclaims all warranties, express
or implied, including, but not limited to,
implied warranties of merchantability and fitness
for a particular purpose and non-infringement.
Fudoshin 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. Fudoshin
does not make any warrantees 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: Fudoshin 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
Fudoshin 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.
Typographical Errors: In the event that
a Fudoshin product is mistakenly listed at
an incorrect price, Fudoshin reserves the right
to refuse or cancel any orders placed for product
listed at the incorrect price. Fudoshin 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 cancelled, Fudoshin 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 Fudoshin
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: Fudoshin 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 Fudoshin.
Miscellaneous: Any cause of action or
claim you may have with respect to the site
(including but not limited to the purchase
of Fudoshin products) must be commenced within
one (1) year after the claim or cause of action
arises. Fudoshin'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. Fudoshin 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 Fudoshin 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: Fudoshinwear.com
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, Fudoshin
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, Fudoshin 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 Fudoshin in its sole discretion. Indemnification
You agree to indemnify, defend, and hold harmless
Fudoshin, 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, fudoshinwear.com
may link to sites operated by third parties.
However, even if the third party is affiliated
with Fudoshinwear.com, Fudoshinwear.com has
no control over these linked sites, all of
which have separate privacy and data collection
practices, independent of Fudoshinwear.com.
These linked sites are only for your convenience
and therefore you access them at your own risk.
Nonetheless, Fudoshinwear.com 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).
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