Terms of Use/Conditions

September 25, 2015 v1.4

 

TERMS OF USE/CONDITION

 

Swing Set Stuff, Inc.’s (“Swing Set Stuff”) goal is to provide you “(“User”) through its website (the “Website”) a single online source for finding high-quality swing set and outdoor playground-related products for children, including swings, trapeze bars, climbing rocks, hardware, rope ladders, complete swing sets, etc. We specialize in quality swing set equipment commercial and residential grade.   

 

To achieve Swing Set Stuff’s goal, however, it is important for User to understand and acknowledge that as part of the basis of the bargain between User and Swing Set Stuff in making providing this Website and making available any items to be purchases, any content, answers, information, or reviews, (collectively all of the preceding will be referred to as “Content Services”) available on this Website, User must agree to the following terms and conditions (the “Terms of Use”) and Swing Set Stuff's Privacy Policy. Without User’s agreement, the Content Services made available to User on this Website would be materially different, including possibly being made available to Consumer for a fee instead of being free to User.

 

AGREEMENT BETWEEN USER AND SWING SET STUFF

 

User’s continued use and any other transactions with Swing Set Stuff made through this Website confirms User’s understanding and unconditional acceptance of these Terms of Use and Swing Set Stuff's Privacy Policy. If User does not accept these Terms of Use, please do not use this Website, its Content Services, or enter into any transactions with Swing Set Stuff. But User is encouraged to contact Swing Set Stuff at customerservice@swingsetstuff.com and explain User’s concern.

 

To the extent possible, we will work with User to answer any questions and address User’s concerns consistent with the Terms of Use.

 

GENERAL Purchase Terms

 

All purchases, orders, and returns by and between User and Swing Set Stuff are subject to these Terms and Conditions.  

 

All prices on Swing Set Stuff’s Website are in U.S. Dollars, unless otherwise indicated. All applicable state, local, federal and international taxes and fees apply and will be displayed during checkout. Orders are not completed until payment has been accepted and verified.

 

Many of the products that are sold on the Swing Set Stuff’s Website come with a manufacturer's warranty. For additional information on the manufacturer's warranty for a specific product, you may contact Swing Set Stuff Inc..

 

Shipping AND RETURN Information

 

For the convenience of Swing Set Stuff’s customers and guests, if you are unable to find an answer to your shipping, return or cancellation question, we have set up a customer service line to assist you: (734) 753-5375 or email communications: customerservice@swingsetstuff.com.

 

1. 1.     Shipping Charges and Shipping Dates – Freight and Non-Freight Shipments

 

Shipping and handling charges apply to all orders, unless otherwise specified. Any offers for free shipping apply only to the contiguous United States made up of the 48 adjoining U.S. states plus Washington, D.C. Free shipping does not apply to international orders.

 

Swing Set Stuff does not ship on major U.S. holidays, which include all nationally recognized holidays including Easter, Thanksgiving, Christmas and New Years.  Further, all delivery dates are estimates and are not guaranteed. Shipping on most items occurs in 2-4 business days by United Parcel Service (UPS) or United States Postal Service (USPS) or any other carrier of Swing Set Stuff’s choice. We do ship some items to APO/FPO addresses and P.O. Boxes. Shipping times for Users outside the contiguous United States will be longer. Shipping times may also be subject to seasonal demands. Please email or call for an estimated shipping time.

 

Shipping for complete swing sets and most large freight items occurs in approximately in 2-3 weeks. Shipping on slides may take approximately ten business days and may be shipped by freight. Shipping on custom tarps generally takes 21 business days.

 

Swing Set Stuff does not ship larger items or complete swing sets internationally. We do ship our smaller items within the U.S. and internationally. Some items may require a shipping quote. For questions about quotes or shipping larger items, please email or call us: (734) 753-5375, customerservice@swingsetstuff.com).

 

1. 2.     Refusal of a Shipment – Non-Freight Items

 

If any item is refused at the time of delivery due to damage, please contact us (734) 753-5375 or email communications: customerservice@swingsetstuff.com) and we will make arrangements to have a replacement sent. If your item is missing pieces please contact us and we will send out a replacement. We may require photos to help prove any damage or missing items.

 

1. 3.     Return Policy for all items not shipped by freight

 

Please take care in returning your items. Any item received outside of our return policy will not be accepted, will be returned without credit, and at User’s cost.

 

For the convenience of Swing Set Stuff’s customers and guests, we have set up a customer service line to handle all questions, problems and issues with merchandise to be returned: (734) 753-5375 or customerservice@swingsetstuff.com.

 

1. a.     Unopened, New Items

 

Except as provided in these terms of service, if within 30 days of receiving User’s item you are unhappy for any reason, we will provide a full refund of User’s purchase price, minus the cost of shipping and if the item is unopened and in a new condition. It will be your responsibility to ship it back to us at your expense within 30 days of receiving your package. Please email us prior to returning your item so we have the opportunity to correct the problem. Items must be returned, in new, or like-new condition, in its original packaging, and with all paperwork including manuals, assembly instructions and your packing slip, as well as all accessories to ensure full credit.

 

Shipping costs will not be refunded unless the item is being returned because it is damaged or defective. If you are returning an item because it is damaged or defective, please review the section that follows. Because of freight costs any items shipped freight are considered a final sale.

 

If User chooses to return an unopened item, simply login to your account, view the order using the “Complete Orders” link under the My Account menu and click the Return Item(s) button. Swing Set Stuff will notify you via e-mail of your refund once it has received and processed the returned item.

 

User is responsible for packing an item to be returned carefully so that it will not be damaged during the shipping process. No credit will be issued for items missing components, parts, original box, packaging material, contents, accessories and/or manuals (i.e., any product not in "like new" condition). User must also include the original packing slip and Swing Set Stuff cannot guarantee it will be able to process a return for any shipment received without a packing slip.

 

You can also contact us to obtain a return authorization within 30 days of delivery. You can request one by contacting us at customerservice@swingsetstuff.com.

 

1. b.     Defective Items

 

To return a damaged or defective item, please contact our customer service team: (734) 753-5375 or email at customerservice@swingsetstuff.com.  Swing Set Stuff will only consider the return of items claimed to be defective within a year of the original purchase. Swing Set Stuff may require photos reasonably showing the claimed defect and a signed, written statement describing the defect and the date the defect was first discovered. However, it is in the sole discretion of Swing Set Stuff to determine if an item is in fact defective. If the item is found to be defective, than we will replace or refund that item. Swing Set Stuff will not consider any item for return after one year from the purchase date.

 

Once we have validated the damage/defect, Swing Set Stuff will replace or refund that item, along with any applicable taxes. Refunds will be issued in the original form of payment used to purchase the item.

 

1. 4.     Terms Applicable to Only Freight Shipment 

 

Items shipped freight are delivered curbside only. The freight company will call to set up delivery so please include a phone number with your order. Someone must be home to help unload the item or items from the freight truck and inspect the package item for any damage.

 

If an item shipped by freight is delivered and there is any observable damage to the item or its packaging, User must note such damage to the freight carrier before the carrier leaves. User is also encouraged to photograph any such damage and User should refuse any damaged item. If any item is refused at the time of delivery due to damage please contact Swing Set Stuff and we will make arrangements to have a replacement item sent.

 

However, User must report any damaged item shipped by freight within three days of delivery of the item. Any damaged item shipped by freight that is not reported within three days may not be replaced by Swing Set Stuff and removes Swing Set Stuff Inc. from any liability whatsoever as to that item.

 

1. 5.     Promotional Items and Returns

 

If User received a free gift card or free merchandise with User’s purchase, the value of the free gift card or free merchandise will be deducted from Users’ refund amount unless User returns the free gift card unused or the free merchandise in its original, unopened packaging. Similarly, if purchasing an item makes you eligible for a discount on other merchandise, the amount of the discount will be deducted from the return value of the item unless User returns that other merchandise as well.

 

1. 6.     Recalled Product Return Policy

 

If a product is recalled, Swing Set Stuff believes the most important thing is to get that product out of the hands of our customers’ children. Accordingly, Swing Set Stuff has a no questions asked policy when it comes to recalls. This means Swing Set Stuff will take back, with proof of purchase, any recalled products purchased from Swing Set Stuff at any point during the recall period. If you do not have a receipt, you will receive a store credit for the lowest sale price of the product within the last 30 days.

 

1. 7.     Changing or Canceling Your Order

 

Swing Set Stuff is unable to modify or make changes to an order once it has been submitted for shipment.

 

If User is able to cancel User’s order you will receive a notification confirming the cancellation. If you do not receive an order cancellation notice, that is an indication that your order is either not eligible for cancellation or it has already been processed and cannot be canceled and, therefore, it will ship as expected.

 

1. 8.     Address for Returns

 

Unless a different return address is specified on your packing slip, all returns should be sent to the following address:

 

Swing Set Stuff Inc.

Attn: Return Department

6739 Cypress, Suite 100

Romulus, MI 48174

 

Please take care in returning your items. Any item received outside of our return policy will be returned without credit. Swing Set Stuff reserves the right to refuse any returns if they do not meet our return requirements.

 

1. 9.     Identification Verification for Returns

 

Swing Set Stuff strives to offer its customers with a fair return policy. In order to continue this policy it is important to prevent return fraud. Accordingly, Swing Set Stuff may require you to present identification. The information from your ID will be retained in a database of return activity that Swing Set Stuff uses to authorize returns.

 

Product Information, Warranties, Use, and Care

 

1. 1.     Product Information

 

Items found on Swing Set Stuff’s Website are not recommended for everyone and may include recommended weight limitations. It is the sole responsibility of the User to make sure a product is appropriate for User’s intended use. It is recommended that all items purchased from Swing Set Stuff are used under adult supervision. User should inspect any products periodically for defects or wear. Further, User should expect to replace most items found on this Website every two years, or sooner because they are used outdoors, exposed to varying weather conditions, and they are subject to varying degrees of use. Please stop using any product with defects or wear.

 

Items sold by Swing Set Stuff Inc. are residential unless stated commercial in the description of the item. Installation on all products needs to be done by a qualified installer or a local contractor with the knowledge of installing products.

 

1. 2.     Warranty Information

 

Except as otherwise provided within these Terms of Use, Swing Set Stuff agrees to provide the following replacement or refund warranty to User for products purchased on the Website. However, please note that Swing Set Stuff’s products are not manufactured by Swing Set Stuff and, therefore, Swing Set Stuff cannot guarantee that any manufacturer warranty, other than provided in the Terms of Use, will be available to User. Nor can Swing Set Stuff guarantee whether a particular product is subject to a refund or replacement. For these reasons, Swing Set Stuff has sole discretion in determining whether a product purchased from its Website is subject to a replacement or refund.

 

1. a.      Refunds Within One Year of Purchase. A User may be refunded the purchase price of a product if Swing Set Stuff is notified by User within one year of its purchase. If the product is subject to a refund, User will be provided with a return label to ship the unwanted product back to Swing Set Stuff or its designee.

 

1. b.     Replacements Within One Year of Purchase. If a product purchased by User is not subject to a refund, it may eligible for replacement. If the product is subject to replacement, User will be provided with a return label to ship the unwanted product back to Swing Set Stuff or its designee.

 

Before User is eligible for any warranty coverage for a replacement or refund, User must provide written notice to Swing Set Stuff within one year of purchasing the subject product and that notice must include a written description of the issues or reason the User is not satisfied with the product, photos of the product showing the issues or reason the user is not satisfied with the product, and proof of purchase details. User further agrees to respond to questions designed to assist with diagnosing potential issues and follow Swing Set Stuff’s procedures for obtaining warranty coverage for a replacement and/or refund.

User will be responsible for reassembling and/or reinstalling any product that is replaced under this Warranty.

What is not covered by this Warranty?

 

This Warranty does not apply to any accessories or hardware products not purchased from Swing Set Stuff and any damage, dissatisfaction, or any other issues arising out of such accessories or hardware products will not be covered by Swing Set Stuff or its warranty. Further, Swing Set Stuff is not responsible for damage, dissatisfaction, or any other issues arising from failure to follow instructions relating to any product’s use, care, or maintenance.

This Warranty does not apply: (i) to cosmetic damage, including but not limited to scratches or dents; (ii) to damage caused by use with another product; (iii) to damage caused by accident, abuse, misuse, neglect, fire, or any other external cause; (iv) to damage caused by operating or using the product outside of the instructions, guidelines and/or recommendations of Swing Set Stuff or the manufacturer; (v) to damage caused by service performed by anyone other than a representative of Swing Set Stuff; (vi) to any products that have been modified in any way; (vii) to defects caused by normal wear and tear or otherwise due to the normal aging of the product; (viii) to anyone who is not the original purchaser or to any product that was not purchased directly from Swing Set Stuff; or (ix) to any products purchased one year after the purchase date.

For a full understanding of your rights, you should consult the laws of your country, state, or province. To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. Swing Set Stuff disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose in warranties against hidden or latent defects, to the extent permitted by law. To the extent such warranties cannot be disclaimed, Swing Set Stuff limits the duration and remedies of such warranties to the duration of this express warranty and, at Swing Set Stuff’s option, the repair or replacement services described above. Because some countries, states, and provinces do not allow limitations on how long an implied warranty, or condition, may last, the limitations described above may not apply to you.

Swing Set Stuff MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY ITEMS PROVIDED ON ITS WEBSITE OR UNDER THIS AGREEMENT, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS AGREEMENT SETS FORTH Swing Set Stuff’S SOLE OBLIGATION AND LIABILITY, AND YOUR EXCLUSIVE REMEDIES, FOR ANY CLAIMS, INCLUDING CLAIMS BASED ON DEFECTS IN OR FAILURE OF ANY ITEM SUBJECT TO THIS AGREEMENT AND REPLACES ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH User.

 

Where to send warranty notices and how to obtain answers to your warranty questions?

All notices required for making a warranty claim must be sent to Swing Set Stuff Inc., Attn: Return Department, 6739 Cypress, Suite 100, Romulus, MI 48174. Please call (734) 753-5375 or email at customerservice@swingsetstuff.com for questions or assistance for determining whether your product is eligible for a refund or replacement.

 

1. 3.     Product Use, Care, and Maintenance

User should immediately discontinue using any item that appears to be damaged or defective. Items purchased from Swing Set Stuff need to be taken inside during extreme weather. Not bringing in your items will cause them to wear faster, may cause any manufacturer warranty to be voided, and will eliminate any liability whatsoever that Swing Set Stuff may have. Swing Set Stuff will not replace items due to improper care. User should regularly inspect any item purchased on this Website for damage. User further acknowledges that most products available on this Website are recommended to be replaced every two years. Items on Swing Set Stuff’s Website are intended for children only and children should have adult supervision when using such items.

 

Further, coated chain is not made to be twisted. Twisting is not considered normal wear and Swing Set Stuff will not replace chains damaged in any way due to this issue. Coated chain will wear much faster during extreme weather. Extreme weather can cause your chain to break down and fade. Again, this is not considered normal wear and Swing Set Stuff will not replace the chains for this issue.

 

Residential items should only be used in a residential setting.

 

Some states and local jurisdictions may require compliance with CPSC Public Safety Handbook and/or ASTM voluntary standards. Additionally, risk managers, insurance companies or others may require compliance at a particular site; check with state/local jurisdictions and insurance companies for specific requirements.

 

How YOU Should Use this Website, Reviews, and Other Information

 

Please consider the information and any Content Services provided on the Website as informational in nature. Also, any product instructions, explanations, or related product resources are intended purely for informational purposes only and should not replace information from the product’s manufacturer or otherwise be relied upon by User for any reason.   

 

Agreement to Grant SWING SET STUFF a Limited License to Your Submitted Content and Contributions

 

If User submits, sends, or otherwise makes available any information, including reviews, images, statements, questions, or other material to Swing Set Stuff, Swing Set Stuff’s Website (collectively “Submitted Content”), User understands and agrees that User is granting Swing Set Stuff a royalty free, unrestricted, worldwide, perpetual, and revocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submitted Content (in whole or part) worldwide as well as incorporating it in other works in any form, media, or technology now known or later developed and warrant that the Submitted Content is original to User, that User has all necessary rights to submit, send, or otherwise make available the Submitted Content and grant such rights and license to Swing Set Stuff. You also warrant that any “moral rights” you have in such content have been waived (collectively all rights within this paragraph will be referred to as the “License”). You also agree that by submitting to Swing Set Stuff the Submitted Content that such submission will constitute an electronic signature of the User as the copyright owner. User further agrees that this signature will be deemed to have been executed as of the date the submission.

We intend to use any Submitted Content in a positive manner for the benefit of Swing Set Stuff, its customers, and other User. If, however, at any point you disagree with Swing Set Stuff’s use of your Submitted Content, please contact Swing Set Stuff at customerservice@swingsetstuff.com and we will discuss the issue and endeavor to work with you to resolve it to your satisfaction.

Further, you are not obligated or required to provide any Submitted Content to otherwise interact with Swing Set Stuff’s Website. Any decision to do either is solely at User’s discretion.

 

Swing Set Stuff is not Responsible for Screening or Approving Information on the Website.

 

Swing Set Stuff does not as a matter of course select, screen, approve, endorse or limit who can post any reviews or other information on its Website. Such information does not reflect any endorsement or approval by Swing Set Stuff. Accordingly, Swing Set Stuff expressly disclaims any responsibility or liability of any kind for any reviews or other information made available or found on its Website, as well as any decision User makes in reliance on any such information. 

 

No Guarantee to Access and Right to Change or Remove Any Content on the Website

Swing Set Stuff reserves the right to change all Content Services contained on the Website and any items offered through the Website at any time without notice. Swing Set Stuff does not and cannot guarantee its Website and any Content Services will function without interruption or in an error-free manner (collectively “Interruptions”). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, Swing Set Stuff will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by Swing Set Stuff. However, User agrees that under no circumstances and regardless of the legal theory or whether Swing Set Stuff had been informed of the possibility of such damage or damages, Swing Set Stuff will not be liable for any damages caused by any Interruption, including for loss of data, Submitted Content, Content Services, good-will, recommendations, profiles, the cost of substitute products or services, or from the inability to use the Website, Submitted Content, or Content Services.

Further, Swing Set Stuff disclaims all liability for any and all damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of Swing Set Stuff’s Website and Content Services for any reason.

no endorsement and Limitation as to Screening

and Accuracy of INFORMATION FOUND ON THE WEBSITE

 

No product description, product instruction, rating, review or any of the other information contained on the Swing Set Stuff’s Website should be considered an endorsement of any kind, a guarantee of that item’s quality, or the appropriateness of an item for a User’s particular use.

 

Swing Set Stuff certainly endeavors to provide User with useful, accurate, and truthful information regarding items found on its Website. But Swing Set Stuff is often reliant upon third party data, contributions, and information provided by manufacturers or other third parties outside of Swing Set Stuff. Accordingly, there may be certain inherent limitations as to the accuracy or completeness of information found on Swing Set Stuff’s Website. Accordingly, Swing Set Stuff makes no guarantee that the information on this Website is complete or free from inaccuracies, outdated information, errors, or misinterpretations of information.

 

Further, Swing Set Stuff expressly disclaims any responsibility or liability of any kind for any content found on its Website.

Digital Millennium Copyright Act (DMCA)

If User believes any material on the Website, either posted by Swing Set Stuff, our users or any other party, is infringing, please contact Swing Set Stuff at the address below. Pursuant to the Digital Millennium Copyright Act, Swing Set Stuff has a designated agent to receive copyright infringement claims.

 

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

 

Jason Shinn, Esq. of Shinn Legal, PLC

www.shinnlegal.com

3080 Orchard Lake Rd., Suite C

Keego Harbor, MI 48320

P: 248-850-2290; F: 248-850-2212

 

Swing Set Stuff’s policies with regard to copyright are stated in these Terms of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

 

• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit Swing Set Stuff  to locate the material;
• Your contact information, including your address, telephone number, and email;
• A statement by Consumer that Consumer have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Children's Online Privacy Protection Act (COPPA)

 

In compliance with the Children's Online Privacy Protection Act (COPPA), Swing Set Stuff’s Website is intended to be a general audience site and is not intended to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. Swing Set Stuff’s Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If Consumer is the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

 

Miscellaneous Legal Provisions

By using this Website, as well as any information found on this Website, User expressly understands and agrees to the following:

1. 1.     Complete Agreement: User agrees that the Terms of Use constitutes the entire, complete and exclusive agreement between User and Swing Set Stuff and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement;  
2. 2.     Binding Upon User’s Successors: This Agreement and its performance will be binding on User and User’s heirs, administrators, successors and assigns;
3. 3.     Assignability: User may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of Swing Set Stuff. Any purported assignment and delegation will be ineffective. Swing Set Stuff may freely assign or delegate all rights and obligations under the Agreement, including any License granted to Swing Set Stuff under the Agreement, fully or partially without notice to User. Swing Set Stuff may also substitute, by way of unilateral novation, effective upon notice to User, Swing Set Stuff for any third party that assumes our rights and obligations under this Agreement;
4. 4.     Equitable Relief: User irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Swing Set Stuff, its Website, or any advertising or other materials issued in connection of either;  
5. 5.     No Waiver: Any delay or failure on the part of Swing Set Stuff to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time;
6. 6.     Modification: The Agreement and its Terms of Conditions cannot be amended, modified, or supplemented in any respect except in writing by Swing Set Stuff. Swing Set Stuff may modify this Agreement at any time and such modifications will be effective immediately upon posting of the modified Agreement and Consumer’s continued use of the Website means that User has agreed to accept any changes or modifications made by Swing Set Stuff. User should periodically visit this page to review the most recent Terms of Use. If Consumer does not want to agree to changes or amendments to the Agreement, Consumer should no longer use this Website or make future purchases from Swing Set Stuff; 
7. 7.     Membership Account Information. User is responsible for maintaining the confidentiality of User’s membership account and password and for restricting access to User’s computer. User further agrees to accept all responsibility for any activities that occur under User’s account/password. Swing Set Stuff reserves the right to refuse or remove any member;
8. 8.     Electronic Communications Consent. By using this Website or doing business with Swing Set Stuff, User consents to doing business with Swing Set Stuff electronically. By giving your consent, User agrees to conduct your transaction or transactions with Swing Set Stuff using electronic signatures. User agrees that such electronic signatures may consist of clicking on buttons and/or checking boxes where indicated. User also consents to the use of electronic records, including records sent to User electronically, instead of receiving them on paper or by regular mail. Swing Set Stuff may provide records to you electronically by posting them online to your account or by email, which may include the records as attachments or as embedded links. User’s consent will be effective unless User withdraws it. User may at any time withdraw User’s consent for electronic signatures and/or to receive records electronically by contacting Swing Set Stuff at customerservice@swingsetstuff.com;
9. 9.     Statute of Limitations: User agrees that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Website or these Terms of Use must be filed in a court of applicable jurisdiction as specified in this Agreement within one six months after such claim or cause of action arose or be forever barred;
10. 10.  Disclaimer: Swing Set Stuff expressly disclaims all warranties of any kind, whether express or implied with respect to this Website and any content provided on the Website, including from any viruses or other malicious software that may be found on the Webste, to the fullest extent permitted by applicable law. This disclaimer includes without limitation and by way of example only, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except as such disclaimer may be limited by applicable law or as otherwise set forth in this Agreement and its Terms of Use, Swing Set Stuff makes no warranty through this Website with respect to any information or other material obtained by User through the Website will meet User’s expectations. No advice or information, whether oral or written, obtained by User from Swing Set Stuff or its Website will create any warranty not expressly stated in these Terms of Use. Any product and/or services purchased in relation to Swing Set Stuff’s Website is done so at User’s own discretion and risk;
11. 11.  Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to User. But to the extent legally permitted under applicable law, User agrees that under no circumstances will Swing Set Stuff, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by Swing Set Stuff in connection with its business operations be liable, without limitation, to User for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, User agrees that Swing Set Stuff will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. Consumer agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. User further agrees that Swing Set Stuff will not be, under any circumstances, cumulatively liable for any damages in excess of the lesser of two times the purchase price User paid to Swing Set Stuff for the item or items that gives rise to any liability or $500.00 (U.S.). User further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, User agrees this limitation of liability shall apply regardless of whether (i) User bases User’s claim on contract, tort, statute or any other legal theory, (ii) Swing Set Stuff knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) Swing Set Stuff may cause User to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement;
12. 12.  Indemnification and Hold Harmless. User covenants and agrees to indemnify, hold harmless, save and defend Swing Set Stuff, its officers, directors, shareholders, employees, agents, representatives, affiliates and their designated successors and assigns from and against any claim, cause of action, loss, damage, liability, cost or expense, including, without limitation, actual attorney’s fees, costs, and expenses, made against or incurred by Swing Set Stuff as a result of any use of Swing Set Stuff's Website, any transaction entered into by and between User and Swing Set Stuff, and any misuse, damage or failure to exercise reasonable care in the use and supervision of any such item, breach of these Terms of Use, violation of any federal or state law. This provision applies to User and User’s family members, invitees, or anyone else associated in anyway with User or who claims to be injured as result of any (i) use of this Website or transaction by and between User and Swing Set Stuff; (ii) misuse, improper care, or improper repair of any item purchased from Swing Set Stuff; (iii) the negligent or willful misconduct of any item purchased from Swing Set Stuff; (iv) any defects in the equipment purchased or used by User; and (v) any breach, default, violation, misrepresentation or breach of warranty by any manufacturer or Swing Set Stuff relative to any item purchased from Swing Set Stuff;
13. 13.  Choice of Law: User agrees that any dispute arising in any way from your purchase of any item from Swing Set Stuff, use or access to the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of Michigan or, if applicable federal copyright, patent, or trademark law, without respect to its conflict of laws principles;
14. 14.  Language Translations. If any translation of the English language version of Swing Set Stuff’s Agreement, the Privacy Policy, or any other documentation is provided or otherwise made available to User by Swing Set Stuff or any third party service provider, User agrees that the translation is only provided for User’s convenience and that the English language version of this Agreement, the Privacy Policy, and any other documentation will control and govern User’s relationship with Swing Set Stuff;
15. 15.  Jurisdiction: This Website is controlled and operated by Swing Set Stuff from its offices within the State of Michigan.User’s use of this Website or any claim, cause of action or dispute arising out of or related to the Website, any item purchased from the Website, or any content found on the Website, as well as these Terms of Use (collectively “Claim”) will be governed by the laws of the state of Michigan regardless of User’s state or country of origin or where User accesses Swing Set Stuff’s Website, and notwithstanding of any conflicts of law principles of your geographical jurisdiction and the United Nations Convention. If User access this Website from any location outside of Michigan, User do so on User’s own initiative and is responsible for compliance with User’s local laws, if and to the extent they are applicable. User agrees that use of or access to the Website will not be construed as Swing Set Stuff’s purposeful availment of the benefits or privilege of doing business in any state other than the State of Michigan. Further, Swing Set Stuff does not consent to personal jurisdiction in any other state except Michigan and User agrees to not assert such jurisdiction in any other state except Michigan. Further, User agrees that a competent court with jurisdiction over Wayne County, Michigan will have exclusive jurisdiction regarding any dispute arising in any way from User’s use of the Website, or a violation of the Agreement’s Terms of Use. User agrees not to contest this exclusive jurisdiction. User also agrees that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use will be deemed to be fully and solely executed, performed and observed in the State of Michigan;
16. 16.   Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Swing Set Stuff to any registration requirement within such jurisdiction or country;
17. 17.  Severability: If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The User agrees that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the intentions of User and Swing Set Stuff as reflected exclusively in the provisions of this Agreement and its Terms of Use and should not affect the validity and enforceability of any remaining provision.