Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Playground Factory Outlet, Inc. The collective work includes works that are licensed to Playground Factory Outlet, Inc. Copyright 2003, Playground Factory Outlet, Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Playground Factory Outlet, Inc or purchasing Playground Factory Outlet, Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Playground Factory Outlet, Inc or to purchase Playground Factory Outlet, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Playground Factory Outlet, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Playground Factory Outlet, Inc used in the site are trademarks or registered trademarks of Playground Factory Outlet, Inc
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Playground Factory Outlet, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Playground Factory Outlet, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Playground Factory Outlet, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Playground Factory Outlet, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Playground Factory Outlet, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Playground Factory Outlet, Inc product is mistakenly listed at an incorrect price, Playground Factory Outlet, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Playground Factory Outlet, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Playground Factory Outlet, Inc shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Playground Factory Outlet, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Return Policies and Credits
Playground Factory Outlet is
committed to provide fast, efficient service. If you are not happy with
your order, we will refund you the total product costs that you were
charged. If we made a mistake (shipped you the wrong item; variation in
color
does not apply) then we will even refund you the cost of shipping both
ways. This policy applies as long as the items are returned within 30
days from shipping date and not opened, are defective due to
manufacturing (except which applies below in the section titled
'Replacement
Parts For Concealed Damage/Defect Freight'), or were incorrectly
shipped.
Refund Information: Orders returned do not receive shipping
reimbursements
and are charged the actual shipping and restock costs to and from our
warehouse. If a returned item was a Free Shipping item from us, the
refund for the product will be the greater of actual shipping/stock
charges or 10%.
Please call in to receive an authorization number and the correct
Playground Factory Outlet
warehouse address to send the return. Please allow time for shipping,
inspection, and up to two additional business days to process your
refund. Playground factory Outlet cannot assume responsibility for
misdirected
or lost shipments/parts, or damage/lost parts not noted before
return that
are sent back to us through you.
All requests for shipping charge reimbursement due to missed
appointments by
freight companies or concealed damage due to freight negligence must be
directed to the individual freight company - not through Playground
Factory Outlet. For Guaranteed Freight Shipments arriving late, requests
for
shipping reimbursement must be made through Playground factory Outlet.
Certain
restrictions apply to Guaranteed Freight refunds: 1) Customer must be
available
for delivery 2) Damage or missing pieces do not constitute shipment
being late
3) Follows the basic provisions set forth below in Shipping Policies.
Special
orders are made to order by the manufacturer and may not be eligible for
returns, credits, expedited shipping or other Playground Factory Outlet
policies. These items
may have lead times up to 8 weeks in some cases and cannot be canceled
after
72 hours after purchasing because they are being made to order. Special
items include the Residential Swing Sets, Commercial Swings and
Playground Sets, Please call 561-237-5394 to inquire as to the
policies of each
item.
Notice
Playground Factory Outlet, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Playground Factory Outlet, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Playground Factory Outlet, Inc products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Playground Factory Outlet, Inc products) must be commenced within one (1) year after the claim or cause of action arises. Playground Factory Outlet, Inc's failure to insist upon or 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 between the parties nor trade practice shall act to modify any of these terms and conditions. Playground Factory Outlet, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Playground Factory Outlet, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Playground Factory Outlet, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Playground Factory Outlet, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Playground Factory Outlet, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Playground Factory Outlet, Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Playground Factory Outlet, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Playground Factory Outlet, Inc may link to sites operated by third parties. However, even if the third party is affiliated with Playground Factory Outlet, Inc, Playground Factory Outlet, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Playground Factory Outlet, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Playground Factory Outlet, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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