Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This web site is owned and operated by TWF Enterprises, LLC (“TWF”). By accessing, browsing and using this web site, you signify your agreement, without limitation or qualification, to these terms and conditions of use (“Terms of Use”). If you are using this web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. If you do not agree to these Terms of Use, please do not use this web site. We reserve the right, at our discretion, to change, modify, add to, or remove portions of these Terms of Use at any time. We suggest that you review these Terms of Use periodically for changes. Your use of this web site after the posting of changes to these Terms of Use will mean you accept the changes. TWF may also offer other services from time to time that are governed by different terms and conditions of use.

 

COPYRIGHT AND RESTRICTIONS ON USE OF MATERIALS OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS:

All materials contained on this web site are the copyrighted property of TWF and its affiliates and/or our third party licensors. All trademarks, including common-law trademarks, service marks and trade names, including but not limited to the trademark in the name ”Awesome Wrestling Entertainment”® and the descriptive character/ design of the logo of ”Awesome Wrestling Entertainment”® are proprietary to TWF or its affiliates and are protected by state, federal and international trademark laws.
All of the materials on this web site are subject to the following copyright notice: “© Copyright 2011 TWF Enterprises, LLC. All Rights Reserved”.

The textual, photographic, video, audio and combined audiovisual programs and products resulting from TWF’S events and television programs, including the material contained in this web site (collectively “Content”), are protected under United States and international copyright laws as copyrighted works. No Content from this web site may be copied, reproduced, republished uploaded, posted, transmitted or distributed in any way without the express written permission of TWF. You may view the Content at this web site, but you may not download or copy it for any reason at any time. Any other use of Content contained on this web site including without limitation, reproduction, distribution, modification, adaptation, or republication, without the written permission of TWF is expressly prohibited. You may not “frame” or “mirror” any Content contained on this web site unless authorized in writing by TWF.

Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without express prior written permission from TWF violates the copyright laws and is liable for copyright infringement. Any person who uses TWF’S marks for commercial purposes without TWF’S permission on goods or for services in such a way that it dilutes the distinctive quality of TWF’S marks or that creates a likelihood of confusion with TWF’S marks is liable for trademark infringement. Unauthorized use of documents, images, software and other proprietary material may also violate privacy, right to publicity, export, and communications laws and regulations.

If you download software or applications from any TWF web site, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by TWF or our third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you, and TWF (or our third party licensors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form.

 

PRIVACY AND SECURITY:

TWF takes the issue of your privacy seriously. To the extent we collect from you through this web site credit card information and/or shipping or billing information, we provide your credit card number and billing and shipping information only to fulfillment vendors who process and ship the goods or services you purchase through this web site. Those vendors are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. Please refer to our privacy policy for more information.

Please keep in mind that whenever you provide personal information online – for example, via message boards or chat – that information can be collected and used by people you don’t know. While TWF strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use this web site to collect personal information about other persons or in any other manner that is inconsistent with another person’s privacy or personal data protection rights.

 

MONITORING OF WEB SITE:

TWF expressly reserves the right to monitor any and all uses of this web site. However, TWF is under no obligation to do so, and we assume no responsibility or liability arising from or relating to the content of any transmissions by third parties to or through this web site or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third parties to or through any location on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms of Use, or any other term or condition of use posted on this web site. TWF reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing TWF to disclose the identity of anyone transmitting any such materials to or through this web site. TWF may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of TWF, our third party licensors, customers or the public.

 

SUBMISSIONS:

Any communication or materials you post to this web site will be treated as non-confidential and nonproprietary, and may be disseminated or used by TWF or its affiliates for any purpose whatsoever, including developing, manufacturing or marketing products and services. At times, TWF may solicit from visitors to this web site information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork or other materials. Of course, visitors to this web site have the ability to submit information of this type to us at any time even if we do not solicit it. Collectively this type of information, whether solicited by us or not, is referred to as “Submissions”. By submitting any Submission, whether solicited by us or not, you are automatically granting TWF a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”). This grant of Rights means that all Submissions will be owned by TWF and may be used by TWF for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of TWF. TWF also has the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future TWF products or programs. In submitting a Submission to us, you represent that you have no reasonable basis to believe that the use of any such Submission by us would infringe upon the rights of any third-party.

 

THIRD-PARTY CONTENT:

Please exercise discretion while browsing the Internet or using this web site. You should be aware that while using this web site you could be directed to other web sites by links and other features found on this web site. If you click on those links or other features, you may be visiting a web site that is not owned or operated by TWF and over which TWF has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to TWF and over which TWF has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other web sites may collect data, solicit personal information and generate cookies on your computer in a manner different from our web sites. These other web sites may also contain information that you may find inappropriate or offensive. TWF is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to TWF’S web sites by a hyperlink, whether such hyperlink is provided by TWF or by a third party. By providing access to third party web sites or advertisements, TWF is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this web site. TWF MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO RESPONSIBILITY WHARTSOEVER REGARDING ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS WEB SITE. We cannot ensure that you will be satisfied with any products or services you purchase from a third party web site that links to or from this web site or that you purchase through third party advertising or content on this web site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites accessible by links from this web site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
DISCLAIMER: THE CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER: THE WRESTLERS/TALENT OF TWF ARE TRAINED PROFESSIONAL ATHLETES. YOU SHOULD NEVER TRY TO EMULATE WHAT THEY DO IN AND/OR OUT OF THE WRESTLING RING.

 

INDEMNIFICATION:

To the extent we have assigned to you an account through this web site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold TWF and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, NEGLIGENCE, OR TORT ACTION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR CONTENT OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO TWF, IF ANY, FOR ACCESSING THIS WEB SITE.

 

JURISDICTIONAL ISSUES:

This web site is controlled and operated by or on behalf of TWF and its affiliates. We make no representation that materials or products offered on this web site are appropriate or available for use in any particular location. Those who choose to access this web site do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from this site are further subject to United States export controls. No software or products offered on this site may be downloaded, shipped or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the Software offered on this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

TERMINATION:

We may terminate your access to this web site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this web site. Upon termination of your use of this web site, you must cease use the web site and destroy all materials obtained from the web site and all copies of such materials. If you have any problems with this web site or your use of this web site or with these Terms of Use, your sole and exclusive remedy is to cease using this web site.

 

REFUNDS:

PAY PER VIEW and VIDEO ON DEMAND:
Once the event you elect to receive on a so-called “pay per view” or “video on demand” basis (“Transmission”) has begun to be received by you or has commenced to occur at the live event, no refunds of any type will be issued. Since TWF is offering non-tangible irrevocable goods, TWF does not issue refunds once the order is accomplished and/or once the Transmission has begun. As a customer, you are responsible for understanding this upon purchasing any item or Transmission from our web site.
However, we realize that exceptional circumstance can take place with regard to the character of the product and/or Transmissions that we supply.

Therefore, we DO honor requests for a refund for the following reasons ONLY:
1. Download issues for Pay Per View and Video on Demand: It may happen that you are having problems while downloading the Transmission. Claims regarding such issues must be submitted to our Technical Support department. If you do not properly contact us during the time that the Transmission is scheduled and/or within one (1) business day thereafter, you agree that we may construe your silence to mean that you have successfully downloaded the Transmission, and you agree that you shall have no further right of redress or refund for a “download issue” reason;

2. Major defects for Video On Demand: Although all expected Transmissions are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted in writing (email is not acceptable for this purpose) by you to us for our Technical Support Team’s approval not later than one (1) business day after the time that the Transmission was scheduled to occur. You agree that we have the right to rectify the error or defect within twenty (20) business days of your email to us. If any deficiency is approved by us, and we fail to correct it within twenty (20) business days from the date of the initial complaint letter sent to us by you, we will issue you a full refund, provided, however, that we have the option to provide to you (in lieu of a refund) an alternate Transmission date for the event that you were attempting to view. In that event, such Transmission to you on an alternate date shall be deemed to be the full and final settlement of any and all claims that you may have with respect to your purchase. Please be advised that temporary access to your server can be requested by our technicians in order to identify and fix the possible issues with respect to any Transmission which you claim has failed or been defective. Failure to provide such access in a timely manner may result in a delayed resolution of the issue. Refusal to provide access to your sever will result in your inability to qualify for a refund or an alternate Transmission date.
Please note that we do not bear any responsibility, and therefore, we do not satisfy any refund/return/exchange requests based on incompatibility of our products and Transmissions with any specific third-party software, computer hardware or Internet providers. Further, we do not guarantee that our products and Transmissions are fully compatible with any Internet providers, software, computer hardware and third-party programs, and we do not provide support for third-party applications.

3. “Force Majeure Events”: Please note that in the event of an “act of God” (also known as a “Force Majeure Event”) which is not in the control of TWF and which precludes or impairs your ability to view a Transmission by Pay Per View or Video On Demand, your sole remedy shall be the right to receive a later Transmission of some or all of the event to the extent that TWF has the ability to provide such alternate Transmission to you. You specifically acknowledge and agree that TWF is not responsible for signal interruption, signal failure, buffering, distortion, failure of carrier to provide the Transmission and/or any change in the event line up of participants, and none of the foregoing shall entitle you to any refund or remedy.

 

MERCHANDISE – APPAREL AND DVDS:

We have carefully selected and manufactured our extensive line of clothing and products to provide you with the best quality and durability available. Even now, we are always looking for new ways to improve and expand our product line to better serve our customers.

However, we also understand that occasionally you may wish to return one of our products if for whatever reason you are not satisfied. Please refer to the following return policies when deciding to do so.

All returns and/or exchanges must be within 15 days of the ship date. There will be no returns and/or exchanges for items that are past the 15 day guideline even if they are still in the original packaging or are otherwise unused.

DVDs:

We do NOT accept returns on DVDs unless the DVD is defective. IF the DVD is defective, it can be returned in the original packaging, and a replacement DVD will be shipped to you. All DVDs must be returned within 15 days of the ship date. All returned defective DVDs must be in brand new condition. All opened non-defective returned DVDs will be refused at customer’s cost.

TWF in its sole and absolute discretion shall be the sole determiner of whether a product is in fact defective.

 

APPAREL:

Apparel is returnable IF the merchandise is in the same condition as when purchased.

In order to obtain a refund or exchange, contact us via email or by phone to obtain a RETURN AUTHORIZATION no later than 15 days after purchase. After obtaining a RETURN AUTHORIZATION, the product can be returned to this address:
TWF Enterprises, LLC, PO Box 1015, Stuarts Draft, VA 24477, Toll Free Telephone Number: 855-444-5090

The item to be returned must be in original, unused condition, with all tags attached and in the original packaging. You must include your completed Return Authorization number and a copy of the original receipt. You will be credited in the form and manner of the payment used for the original purchase.

Customer is responsible for shipping charges for returns. Your credit card will be refunded once the item is inspected and received LESS the original shipping fee. All shipping charges are non-refundable. This includes regular shipping charges as well as any expedited or express charges you may have opted to select at checkout when you purchased the item.

Any worn or damaged clothing cannot be returned unless it is defective. If you think a product is defective, please call us at 1-855-444-5090 to discuss the matter with one of our customer service professionals.

Credit Card:

If you ordered by credit card, and your purchase is eligible for a refund as set forth in these Terms of Use, we will credit your account within 14 business days, and it will show on your next statement depending on the issuing bank and/or billing cycle. If you have requested an exchange, your account will be credited for the return and charged for the new item including shipping charges for both the original item and the replacement item.

Shipping Methods:

We currently use three different carriers for shipping: UPS (United Parcel Service), FedEx, and USPS (United States Postal Service) for our shipping options. The most appropriate delivery method will be used depending on the weight, shipping destination, and shipping method for your package, unless you select a specific method of shipping at the time of purchase and checkout, and in that event, we will make every effort to accommodate your selection.

 

MOBILE SERVICES:

TWF may make certain features of its website available via your mobile phone. In addition to any charges disclosed to you by TWF, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your mobile carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices.

Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by TWF or an TWF affiliate, you agree that TWF may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.

 

GENERAL PROVISION:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of this web site and may not be modified or changed except by a writing submitted and signed by TWF.