Keenan Cornelius" as used herein means: Keenan Cornelius, LLC, “Products” as used herein means Keenan ONLINE membership/ instruction, academy/seminar instruction, all instructional DVDs - including Wormguard, and all of Keenan Cornelius’ affiliates and/or subsidiaries and/or business agents, servants and employees.
Products sold by Keenan Cornelius include instructional videos, academy seminars, online tutorials, traditional, innovative, and original jiu jitsu techniques used in boxing, martial arts, mixed martial arts, and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
By buying, using, providing, or allowing the use of Keenan Cornelius’ products, you understand and agree that participating or performing jiu jitsu, martial arts, and mixed martial arts are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Keenan Cornelius whatever cause, or any other fault of Keenan Cornelius. Additionally, you agree to indemnify, defend and hold Keenan Cornelius harmless from any Third Party claims arising from such High Risk Activities or any other Keenan Cornelius product.
Before you allow others to use a Keenan Cornelius product you agree that (a) 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, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold Keenan Cornelius harmless from any claims made by them arising from their use of Keenan Cornelius products.
Keenan Cornelius warrants its products 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 obvious abuse, neglect or misuse. Keenan Cornelius’ sole liability is limited to repairing or replacing products that are returned within this 120-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF KEENAN CORNELIUS. KEENAN CORNELIUS NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY ONLINE SALES OR TOURNAMENT SALES. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
As set forth above under the limited warranty provisions, Keenan Cornelius’ liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Keenan Cornelius’ liability exceed the value of the products sold. Keenan Cornelius shall not be liable for any special or consequential damages that result from the use of any product sold through its website or otherwise, including but not limited to tournament sales. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through Keenan Cornelius’ website, or otherwise, including but not limited to its online or tournament sales, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Keenan Cornelius cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Keenan Cornelius’ websites, or otherwise, including but not limited to online or tournament sales.
This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Keenan Cornelius for a replacement.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Keenan Cornelius reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website, please let us know.
Your order, or membership from Keenan Cornelius shall be interpreted and construed in accordance with laws of the State of California without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in San Diego County, California and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of Keenan Cornelius products or any other claim related to the use of products sold through its website or otherwise, including but not limited to online or tournament sales, must be commenced within one (1) year after the claim or cause of action arises. Keenan ‘Cornelius failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.