Terms of Use

By using this site, you are agreeing to comply with and be bound by these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.

AnnihilationGear.com shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found by going to the help section of our website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on Nov 24, 2009.

Electronic Communications

When you visit AnnihilationGear.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Applicable Law

By visiting AnnihilationGear.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AnnihilationGear.com.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). The Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, product or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time without specific notice to you. All changes and amendments will be posted to the Site, and you should always review this Agreement prior to using the Site.

Copyright

The content, organization, graphics, design, compilation, digital conversion, magnetic transalation and all other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on this site is the copyrighted work of third parties.

External Links

Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by AnnihilationGear.com as a convenience to its users. AnnihilationGear.com is not responsible for the materials contained at any website linked to this site.

Registration and Password

Certain portions of our Site, including, but not limited to, when you make purchases, may require registration. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AnnihilationGear.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AnnihilationGear.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to create a user name, password and account designation upon completing the registration process. User names should not include your full name and we recommend that you select a fanciful name. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use or access another person's account without permission, impersonate another user, or seek another user's password or personally identifiable information. You agree to (a) immediately notify AnnihilationGear.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AnnihilationGear.com will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement, any unauthorized access to your password or your failure to adequately protect your password.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Annihilation does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use AnnihilationGear.com only with involvement of a parent or guardian. Annihilation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, communications and other content

Visitors may post reviews; send e-mail and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Annihilation, LLC reserves the right (but not the obligation) to remove or edit such content, but does not always review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Annihilation, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Annihilation, LLC and its affiliates and sublicensees the right to use the name that you submit in connection or the username for the account from which you make the submission with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Annihilation, LLC or its affiliates for all claims resulting from content you supply. Annihilation, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Annihilation, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

Please Note

Weapons are sold only for collection, display or demonstration or training under expert supervision, demonstration of forms, collection, or display. AnnihilationGear.com is not responsible for improper or illegal use or modification of the weapons or equipment is sells. Some weapons may be illegal in user's area, it is the users responsibility to research and follow state and local laws.

Weapons training requires: appropriate safety gear, including but not limited to head, face, eye, and mouth protection. Protection methods and gear vary for different weapons and techniques, make sure to always consult a professional and practice the appropriate safety measures. Weapons should only be used in a safe training environment.

To decrease chances of injury, user should respect weapon(s), inspect them before each use to insure they are in proper condition and not use them for sparring or contact. Weapons will not be sold to anyone under 18 years of age.

Sparring gear is intended to reduce the risk and severity of accidental injury to protected areas during supervised, no contact or light contact martial arts sparring. Gear sold byAnnihilationGear.com is intended only for light martial arts sparring under the supervision of a skilled instructor who responsibly monitors techniques and intensity of sparring and insures students are properly trained and physically conditioned. All sparring participants should wear full sets of equipment and not use old, modified, damaged or improperly fitted equipment.

See product-specific warnings on and with products.

Disclaimer of Liability

Neither AnnihilationGear.com, nor Annihilation, LLC make any explicit or implicit warranties. USER ASSUMES ALL RISKS.

UNDER NO CIRCUMSTANCES WILL THE ANNIHILATIONGEAR.COM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE SITE; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ANNIHILATIONGEAR.COM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ANNIHILATIONGEAR.COM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE ANNIHILATIONGEAR.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ANNIHILATIONGEAR.COM PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ANNIHILATIONGEAR.COM PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ANNIHILATIONGEAR.COM PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY THE ANNIHILATIONGEAR.COM PARTIES.

Neither AnnihilationGear.com, nor Annihilation, LLC are responsible for typographical errors. Prices are subject to change and availability.

Severability

If for any reason a court or other tribunal of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Contact

Please send any notices, comments or questions to: info@annihilationgear.com or by mail to Annihilation, LLC, 7318 Pine Hills Way, Littleton, CO 80125.