Terms & Conditions
Upper Cut Promotions, LLC – Terms and Conditions of All Sales and Use
The following terms and conditions apply to all sales and uses. The terms and conditions include limitations on warranties, disclaimers of liability, and arbitration provisions. Please read them carefully.
“Upper Cut Promotions” means Upper Cut Promotions, LLC and each of its affiliates and business partners, also including but not limited to Rendirse.com, uppercutpromtotions.com, Rendirse apparel, Rendirse fight gear.
Ultra High-Risk Activity *Warning*
Products sold by Upper Cut Promotions include equipment and gear used in boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kickboxing, and demonstration. Participation in each of these activities is an ultra high-risk athletic activity. You participate in any of these activities purely voluntarily and purely at your own risk. The products sold by Upper Cut Promotions cannot and do not guaranty your safety due to the risks inherent to these activities. You agree to consult with your personal physician before participating in each of these ultra high-risk activities. You must read, understand, and follow all warnings and instructions on all products and equipment used in such activities, and in the product literature. You should save all such documents for future reference.
Inspect Before Use
All products purchased from Upper Cut Promotions must be inspected before their first use to ensure they have not been damaged, in shipment or otherwise. If any product is found to be damaged in any way, it must not be used and should be returned to Upper Cut Promotions for a replacement or refund. All products must be inspected again before every use to ensure they remain in proper working condition and have not developed any damage that could potentially make them less effective. No product should ever be used if it is found to be damaged or changed in any way.
Duty of Coaches, Trainers, and Gyms to inform others of these Terms and Conditions
Before you allow others to use a product purchased from Upper Cut Promotions, you agree that you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use. You will assure that you believe they (or their guardian) understand that they are participating in a high-risk activity and can potentially be injured whether protective equipment is used or not. You agree to indemnify, defend, and hold Upper Cut Promotions harmless from any claims made by them arising from their use of products purchased from Upper Cut Promotions.
Limited Replacement Warranty
Upper Cut Promotions warrants the products it sells to be free from defects in materials and workmanship for a period of 120 days from date of purchase, provided they have not been subjected to abuse, neglect or misuse. Upper Cut Promotions sole liability is limited to repairing or replacing products that are returned within this 120-day period. This warranty shall not apply to any product that has been subject to any alteration, abuse, or misuse and is only extended to the original purchaser of the product from Upper Cut Promotions.
The provisions in this paragraph are not part of any sale to consumers where Florida law applies, or where the law of the applicable state expressly does not allow limitations of implied warranties. In all other transactions: THE ABOVE LIMITED EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN LIEU OF ALL OTHER OBLIGATIONS AND LIABILITIES OF UPPER CUT PROMOTIONS. As to all transactions, UPPER CUT PROMOTIONS DOES NOT AUTHORIZE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITY FOR UPPER CUT PROMOTIONS IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, CATALOGS, RETAIL SHOWROOM, TOURNAMENTS, EVENTS OR OTHERWISE.
Limitation of Liability
Upper Cut Promotions shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, showroom, tournaments, events or otherwise. Upper Cut Promotions liability for any or all claims of any nature related to any product it sells shall be limited to the repair or replacement of the product. In no event shall Upper Cut Promotions liability exceed the value of the products sold. This paragraph does not apply to any purchase where applicable law does not allow the limitation or exclusion of liability of special or consequential damages.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Upper Cut Promotions reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Applicable Law and Arbitration of Disputes
Your order from Upper Cut Promotions shall be governed in all respects by the laws of the State of Florida, United States. You agree as part of this sales contract that any dispute or controversy arising out of or relating to any and all damages allegedly arising from the good purchased from Upper Cut Promotions shall, at the sole election of Upper Cut Promotions, be resolved exclusively and finally through binding arbitration pursuant to the Federal Arbitration Act, Title 9 U.S.C. Sec 1-16, and the Florida Arbitration Code Ch. 682 Fla Stat. Such arbitration shall occur in Broward County, Florida Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. In all cases not submitted to binding arbitration, such cases shall be filed in the U.S. District Court for the Southern District of Florida, which courts the parties agree have jurisdiction and venue to resolve any dispute that may arise.
NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
The terms and conditions of all contracts for sales by Upper Cut Promotions provide that all disputes between you and Upper Cut Promotions shall be resolved by BINDING ARBITRATION.
In an arbitration proceeding, you GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your alleged rights against Upper Cut Promotions, except for matters that may be filed in U.S. District Court for the Southern District of Florida, as provided above.
In the arbitration, your rights will be determined by a NEUTRAL ARBITRATOR or ARBITRATORS and NOT judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT, AND USUALLY NO APPEAL.
FOR MORE DETAILS, SEE “APPLICABLE LAW AND ARBITRATION OF DISPUTES,” ABOVE.