Terms of Use

Thank you for using our products and services. By using or visiting HSPWoodenSwords.com (the "Site") or any products, data feeds, and services provided to you on, from, or through the Site (collectively the "Services"), you signify your agreement to these terms of use (the "Terms"). Please read them carefully.

 

1. Definitions of parties and related persons.
The term "we," "us," "our," and "ours," and other first person personal pronouns shall mean and refer to HSP World (a dba of Vortex AMC LLC) operating the website ShopWoodenSwords.com, and its members, successors, assigns, affiliates, subsidiaries, and business licensors (collectively and individually referred to herein as HSP World"). The terms "you", "your", "yours", and other second person personal pronouns mean and refer to all persons who use or visit the Site, or any products, software, data feeds, and services provided by HSP World.

 

2. Changes to Terms of Use.
We may change these Terms at any time by notifying you of the change in writing or electronically (including without limitation, by E-mail or by posting a notice on the Site that these Terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the link to these Terms at the bottom of every page. You signify that you agree to be bound by such changes by using a Service after changes are made to these Terms.

 

3. Limitations on Use.

a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by HSP World in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by HSP World in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by HSP World. You agree not to post any Content (other than headlines from our RSS feed with active links back to the full article on the Service) to Weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. You may not build a business utilizing the Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by HSP World in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

c. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

 

4. Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

5.  Return & Refund Policy
HSP World appreciates your business and wants you to be happy. So, if you are not entirely satisfied with your purchase, we are here to help.

a.General Returns:
There are some important things to keep in mind when returning a product you purchased from HSP World:
 

• You have 30 calendar days from the date of purchase to initiate a return.

• To be eligible for a return, your item must be in its new and unused condition, with all original materials and packaging.

• We reserve the right to NOT accept a return for any opened package if it cannot be resold.

• Your item must be accompanied by a copy of your receipt or proof of purchase.

• NO returns will be accepted without our prior approval, so it is very important that you initiate a return by contacting us at support@hspwoodenswords.com or 928-239-4002.

b. Returns Due to Defect and Error:
Within 30 calendar days of purchasing an item, you may return it without penalty if it is a defective item, an incorrect item or an item that was damaged at the time you received it.

When you contact us to initiate this type of return, please notify us of any damage and send us a photo.

If a return is a result of our error or a defective product, we will provide a return label for the return of the item.

c. How to Return an Item:
We recommend that you return to us via a trackable method. Re-pack your return along with your receipt. You may use the original box.

Please send it to our warehouse, directly to:

HSP World
560 E. Germann Rd., Suite 102
Gilbert, AZ 85297


d. General Refunds:
Once we receive your item, we will inspect it and provide a replacement or issue a refund. We will do our best to issue a refund within 10 business days of receiving your item.

If the product is not defective, return shipping fees will apply and, if applicable, will be deducted from any refund.

We reserve the right to reduce any refund based on the condition of the merchandise received by us.
 

6.  Your Account
In order to access some features of the Services, you will have to create an account on the Site. You must not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HSP World or others due to such unauthorized use.

 

7. Collection and Use of Personal Information
For information about the Site's policies and practices regarding the collection and use of your personally identifiable information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your use of the Services is governed by the Privacy Policy in effect at the time of your use.

 

8. Linked Destinations and Advertising

 

a. Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that HSP World operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

HSP World is not responsible for the content or practices of any website or destination other than ShopWoodenSwords.com, even if it links to the  HSPWoodenSwords.com Site and even if the website or destination is operated by a company affiliated or otherwise connected with HSP World. By using the Services, you acknowledge and agree that HSP World is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the  ShopWoodenSwords.com Site.

b. Advertisements. HSP World takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that HSP World is not liable for any loss or claim that you may have against an advertiser.

 

9. Disclaimers

a. Disclaimers of warranties and limitations on liability. You agree that your access to, and use of, the services and the content available through the Services is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. HSP World will not be liable (jointly or severally) to you or any other person as a result of your access or use of the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if the HSP World has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.

b. Medical Disclaimer. If the  HSPWoodenSwords.com site provides health-related or medical information, no such information is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services. We assume no responsibility for injuries suffered while practicing these techniques. We strongly recommend that you get professional medical advice before you apply any techniques presented on our site.

 

10. Disputes and Jurisdiction

Resolving Disputes. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, we want to address your concerns without needing a formal legal case. Before filing a claim against HSP World, you agree to try to resolve any dispute or claim relating to your relationship with HSP World or your use of products or services sold or distributed through  HSPWoodenSwords.com ("Dispute") informally by contacting us at hsp@hspworldusa.com. We will also try to resolve the dispute informally by contacting you by email. If a dispute is not resolved within 30 days of submission, you or HSP World may bring a formal proceeding.

We Both Agree To Arbitrate. You and HSP World agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HSP World will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

If for any reason a Dispute proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Exceptions to Agreement to Arbitrate. Either you or HSP World may assert claims, if they qualify, in small claims court in Sedona, Arizona or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in Arizona. These Terms will not be governed by the United Nations convention on contracts for the international sale of goods.

 

11. General Provisions

a. Site Policies. Please review our other policies posted on this site. These policies also govern your visit to  ShopWoodenSwords.com. We reserve the right to make changes to our site, policies, and these Terms at any time.

b. Severability. If any provision of these Terms or its application is invalid, void or unenforceable, the remainder of these Terms will not be impaired or affected and will remain in full force and effect.

c. Entire Agreement. These Terms contains the final and entire agreement between us regarding your use of the services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services.

d. Waiver. Unless otherwise specified in these Terms, the failure by a party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

e. Change to Services. We may discontinue or change the Services, or their availability to you, at any time for any reason and without notice to you.

f. No Assignment. These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party is a beneficiary of these Terms.

g. Survival of Termination. The following provisions will survive expiration or termination of these Terms: Sections 5 through 7 of these Terms and other provisions that by their nature are intended to survive termination of these Terms.

 

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