Terms of Use | Flowsaber

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2022-2023 Flowsaber, L.L.C. Terms of Use

Last Updated: December 7, 2022

Please read the following terms of use carefully. By agreeing to our Terms of Use at the time of purchase(as defined below), you agree to be bound by these Terms, as amended from time to time. You may not purchase our products if you do not agree to these Terms.

This terms of use agreement (the "Terms") sets forth the terms and conditions applicable to your access to and use of www.flowsaber.com (the "Site") and the web store (the "Web Store") that sells Flowsaber L.L.C. or Flowsaber.com products (the "Products"), participation in any of our contests and sweepstakes, and any other service, widgets, tools provided by Flowsaber (collectively, the "Products").

1. Acceptance of Terms

You agree that by accessing or using the Platform in any manner or by clicking a button or checking a box marked "I Agree" (or something similar), you are entering into a legally binding agreement with Flowsaber, L.L.C. (hereafter referred to as "Flowsaber," "we," "us," and "our") incorporating these Terms and the Flowsaber Privacy Policy and by purchasing the Web Store, you further agree to be bound by the Return Policy and Product Warranty (these Terms, the Privacy Policy, and, if applicable, the Return Policy and Product Warranty shall be hereby incorporated by reference and collectively referred to as the "Agreement").

Certain products may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions, which are hereby incorporated into this Agreement by reference.

2. Changes to Terms of Use

We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at the Site and/or notifying you by email.

3. Privacy

You should carefully read our full Privacy Policy before completing your purchase. The collection and treatment of any information, including personally identifiable information, you submit to us is incorporated into this Agreement. You acknowledge that your submission of any information to us is voluntary and that Flowsaber may collect, use, and share that information according to the terms of the Privacy Policy.

4. Termination of Service

Flowsaber reserves the right to deny service to any person in Flowsaber's sole and absolute discretion.

5. Order and Payment Terms

After placing an order, we will review the information you provided for validity by verifying your payment method, billing, and/or shipping address. Orders may not be accepted for delivery to specific addresses and territories based on your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays in processing your order. For Product purchases, receiving an order confirmation does not constitute Flowsaber's acceptance of your order. Without prior notification, Flowsaber maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason. Flowsaber reserves the right not to sell to resellers. If your order is canceled, we will notify you using the email address you have given us with the order.

Flowsaber does not sell products through its Web Store for or to children but only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Web Store only with the involvement and consent of a parent or legal guardian.

We accept various payment methods for Product purchases through our Web Store, including Mastercard, Visa, and Paypal. We will bill your payment method when you place an order for a Product through the Platform. Flowsaber will not fulfill any Product order without authorization validating your purchase from your payment method.

You acknowledge and agree that any offers made through the Platform are subject to change at any time and from time to time.

We have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Platform; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the website is accurate, complete, reliable, current, or error-free.

We will ship the Product(s) you purchase via the shipping method of our choice, on other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. However, we will use commercially reasonable efforts to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holidays and inclement weather, there may be additional processing and shipping delays. You agree not to hold Flowsaber liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Flowsaber, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt or alter an order's delivery, even though it is in the hands of a delivery agent or shipping company. We may do this in customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take such action.

Flowsaber will provide replacements for Products purchased through the Platform solely in accordance with our Return and Warranty Policies. Returned Products must be in new condition with the original packaging and accessories. Flowsaber will be responsible for the costs of returning Products that are returned under our Warranty Policy. The customer will be responsible for the costs of returning products outside the acceptable parameters of our warranty and return policy.

6. Links

Links from the Site

The Site may contain links to websites operated by other parties. Flowsaber provides these links to other websites as a convenience, and the use of these websites is at your own risk. The linked websites are not under the control of Flowsaber, and Flowsaber is not responsible for the content available on the other websites. Such links do not imply Flowsaber's endorsement of information or material on any other website, and Flowsaber disclaims all liability concerning your access to and use of such linked websites.

Links to the Site

Unless otherwise outlined in a written agreement between you and Flowsaber, you must adhere to Flowsaber's linking policy as follows:
The appearance, position, and other aspects of the link may not be such to damage or dilute the goodwill associated with Flowsaber's and/or its licensors names and trademarks.
The link's appearance, position, and other attributes may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Flowsaber.
When selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site.
Flowsaber reserves the right to revoke its consent to the link at any time and at its sole discretion.

7. Intellectual Property

Trademarks

Except for the logos, trademarks, and trade names of our third-party business partners, all logos, trademarks, and trade names used in connection with Flowsaber and the Products are trademarks exclusively owned by Flowsaber. Unauthorized use of any Flowsaber trademark, service mark, or logo may violate applicable trademark laws.

U.S. and international copyright laws protect the Flowsaber website and the content made available through such. You may not use, modify, reproduce, or distribute any of the content, the design, or layout of the website, or individual sections of the content, design, or layout of the website without Flowsaber's express prior written permission.

8. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSABER, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE "FLOWSABER AFFILIATES"), DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE FLOWSABER PRODUCTS, EVEN IF FLOWSABER AND/OR THE FLOWSABER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE PRECEDING, IN NO CASE SHALL THE LIABILITY OF FLOWSABER OR ANY OF THE FLOWSABER AFFILIATES EXCEED THE LESSER OF (I) U.S. $100.00 OR (II) THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THE PLATFORM DURING THE SIX (6) MONTHS BEFORE THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSABER WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES, OR DAMAGES INCURRED IN CONNECTION WITH THE PLATFORM OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS, OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION, OR WARRANTY CONTAINED IN THIS AGREEMENT; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY FLOWSABER; OR (5) NONDELIVERY, MISDELIVERY, OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.

WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION OR EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Because some states, territories, and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such states, territories, and/or jurisdictions, the liability of Flowsaber and the Flowsaber affiliates shall be limited to the fullest extent permitted by law.

9. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold Flowsaber and the Flowsaber Affiliates harmless from and against any and all claims, demands, damages, or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of Flowsaber products, your negligent or intentional misuse of the Products, or any breach or alleged breach by you of this Agreement.

10. General

Governing Law; Disputes

This portion of the Agreement is equally binding on all parties and is a material term of this Agreement without which Flowsaber would not enter into this Agreement, without which NuAgent does not consent to your use of its Platform, and with which Flowsaber does not agree to otherwise to sell or furnish Products to you.

This Agreement shall be governed by the laws of the States of California, United States of America, without regard to conflicts of law principles. The parties waive all rights to trial in any action or proceeding instituted in connection with this Agreement, the Products, and/or Flowsaber. The parties agree that all controversies or claims arising out of or relating to this Agreement, the Products, and/or Flowsaber shall be resolved by confidential, binding arbitration without the right of appeal in accordance with the commercial arbitration rules of the American Arbitration Association and any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the English language in the state of California. This Agreement may be presented to a Court asked to enforce it.

Interpretation

If any provision of this Agreement or the application of any such provision to any person or circumstances shall be declared to be invalid, unenforceable, or void, such decision shall not have the effect of invalidating or voiding the remainder of the Agreement, it being the intent and Agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting therefor another provision that is valid, legal, and enforceable so as to effectuate the original intent to the extent possible. Headings are for convenience only and shall not be used to construe the terms of this Agreement.

Successors; Assignment

This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, and permitted assigns. You may not assign or delegate this Agreement or any of the rights hereunder without Flowsaber's prior written consent. Any such purported assignment or delegation shall be ineffective. Flowsaber may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. By way of unilateral novation, we may also substitute, effective upon notice to you, Flowsaber, with any third party that assumes our rights and obligations under this Agreement.

Entire Agreement

You agree that this Agreement constitutes the entire understanding between you and Flowsaber and supersedes all prior agreements and understandings, whether written or oral or established by custom, practice, policy, or precedent, concerning the subject matter of this Agreement. This Agreement may only be modified as outlined in Section 2 ("Changes to Terms of Use"). You may also be subject to additional terms and conditions applicable when you use or purchase Products.

All Terms Material

Without prejudice to the term in Paragraph 10, "General: Governing Law; Disputes" above, all terms herein are material and are a necessary part of the consideration to Flowsaber for its consent to allowing your use of the Platform. No waiver of any term is effective without that waiver in writing. No failure to enforce any term at any time either waives the right later to enforce that term nor any right to enforce that term in the future, whether with one user of the Platform, or with any other user of the Platform.

SAFETY:

You agree that if you use Flowsaber to spar with, you will use protective gear, including protective gear for your face (including your eyes), head, body, and hands. You assume all risk of injury to yourself or others which may arise in any way related to or connected to sparring. You agree to indemnify and hold harmless Flowsaber for any injury or damage to yourself or others that may arise in any way related to or connected to sparring with the Flowsaber.

SAFETY PRECAUTIONS:

Flowsaber is durable enough to spar with, but we do not condone nor recommend using it for sparring unless you wear protective gear. By checking this box, You agree to use appropriate protective gear and take all necessary precautions for the safety of yourself and others when sparring with a Flowsaber. This includes wearing protective gear for your face (including your eyes), head, body, and hands). You also agree to ensure the Flowsaber blade is securely tightened with a hex or Allen key and to firmly tighten the pommel on the end of the handle of the Flowsaber so that it will not come off during play.

WARRANTY/RETURN POLICY

30-day replacement of defective units. 1-year limited warranty on the hilt (see detail below).

The following warranty conditions cover Flowsaber hilts (handles): If the electronics inside your Flowsaber hilt are found to be defective within 30 days of purchase, we will replace or repair the hilt free of charge. For one year after purchase, Flowsaber is warranted for light to medium contact sparring. Flowsaber returned within 30 days of purchase will be thoroughly inspected by one of our qualified technicians to determine if the unit has been used in such a way as to void the warranty. Flowsaber reserves the right to determine if Flowsaber has been misused (including submerging in water, too high impact, tampering with wiring, repeated dropping), in which case the warranty will be void. Flowsaber is not covered by warranty if they have been damaged by water, high impact and/ or repeated dropping, or if any of the internal wirings has been removed or tampered with in any way. Attempting to modify or repair your Flowsaber, in any way whatsoever, by yourself automatically voids the Flowsaber warranty, repair, or replacement policy. The Flowsaber warranty does not cover any external surface damage including damage to the blade. Please get in touch with flowsaber@gmail.com for return or repair instructions.