Terms and Conditions

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by Fight Club Survivor, Inc. and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

Fight Club Survivor may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Fight Club Survivor may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Fight Club Survivor assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Fight Club Survivor may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. FIGHT CLUB SURVIVOR RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Fight Club Survivor finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Fight Club Survivor shall not be liable for any loss or damage resulting from Fight Club Survivor's reliance on any instruction, notice, document or communication reasonably believed by Fight Club Survivor to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Fight Club Survivor reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by Fight Club Survivor in its sole and absolute discretion) that:
   • Is illegal, or promotes or encourages illegal activity;
   • Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
   • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
   • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
   • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
   • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
   • Infringes on the intellectual property rights of another User or any other person or entity;
   • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
   • Interferes with the operation of this Site or the Services found at this Site;
   • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
   • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Fight Club Survivor or Fight Club Survivor’s services.
   • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

1. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Fight Club Survivor.
2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
3. You will not access Fight Club Survivor Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Fight Club Survivor may designate.
4. You agree to back-up all of your User Content so that you can access and use it when needed. Fight Club Survivor does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
5. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Fight Club Survivor Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Fight Club Survivor Content or the User Content therein.
6. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
7. You are aware that Fight Club Survivor may have to call or email you about your order. Further, by providing your telephone number and email address, you consent to receive this call(s) and or email from Fight Club Survivor. 
8. Without limiting any of the rights set forth elsewhere in this Agreement, Fight Club Survivor expressly reserves the right to deny, cancel, terminate, or limit current or future orders.

6. PROTECTION OF YOUR DATA

Fight Club Survivor has taken extra steps to make sure your shopping experience here is protected with our SSL certification.  No information will be shared.

7. USER CONTENT

By adding personal information to contact Fight Club Survivor or place an order, you have the authority to use that information.  Any information fraudulently shared will be shared with the authorities.
8. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

9. FEES AND PAYMENTS

Fees.  Most of our product are offered to you at a very low donation request of only $1 (because we are unable to put $0).  Some items were donated to Fight Club Survivor in the hopes that whatever profit is made would be donated back to the organization, therefore you will see items more than a requested donation of $1.  Shipping and handling will be charged on all orders.

You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by Fight Club Survivor;  Payment processing has advanced encryption and is PCI Compliant. 

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable.

Price Changes. Fight Club Survivor reserves the right to change its requested donation fees and shipping/handling charges at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. 

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card; PayPal. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account.  In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

Unable to Process Payment.  If for any reason Fight Club Survivor is unable to charge your Payment Method for the full amount owed, or if Fight Club Survivor receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Fight Club Survivor may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of order, without notice to you. 

10. REFUND AND RETURN POLICY

Products are not available for returns or refunds.

11. SHIPPING AND HANDLING 

Orders do get backed up on occasion, especially currently due to Covid restrictions.  We thank you in advance for your patience.  S/H fee is the only charge there will be for your order, unless otherwise specified.

12. SUBMITTANCE OF IMAGE

If you've submitted a Survivor image for us to use on our website and Facebook, you are ultimately giving Fight Club Survivor the approval to use your image on the specified platforms.  Image will not be used in any form of advertisement.