Conditions of Use
The Playground Equipment Supply™ Online Shopping Site
revised January, 2008
By using the Playground Equipment Supply™ Online Shopping Site and/or other services (the "Playground Equipment Supply™" @ playgroundequipmentsupply.us), you agree to the following terms and conditions (the "Terms & Conditions"). We will make the most current version of these Terms & Conditions available on this page. Additionally, you shall be subject to any posted guidelines applicable to any other Playground Equipment Supply™ services. If you do not agree to these Terms & Conditions please do not use the site and do not register to be a member of Playground Equipment Supply™. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check these terms periodically for changes. Your continued use of the The Playground Equipment Supply™ following the posting of changes to these terms will mean you accept those changes.
In order to permit Playground Equipment Supply™ to protect the quality of its products and services, you hereby consent to Playground Equipment Supply™ staff being able to access your account and records on a case by case basis to investigate complaints or other allegations of abuse.
You acknowledge that the Playground Equipment Supply™ may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Playground Equipment Supply™ owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
Playground Equipment Supply™ Privacy Policy
Playground Equipment Supply™ collects, stores and uses data collected from you in accordance with our Privacy Policy.
Submissions
By posting or submitting content to this site, you grant Playground Equipment Supply™ and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Playground Equipment Supply™ will not infringe or violate the rights of any third party.
If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Playground Equipment Supply™. None of the Submissions shall be subject to any obligation of confidence on the part of Playground Equipment Supply™, and Playground Equipment Supply™ shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Playground Equipment Supply™ shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links
The Playground Equipment Supply™ may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Playground Equipment Supply™ has no control over such sites and resources, you acknowledge and agree that Playground Equipment Supply™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Playground Equipment Supply™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER
Playground Equipment Supply™ uses diligent efforts to maintain the Playground Equipment Supply™, but Playground Equipment Supply™ is not responsible for any defects or failures associated with the Playground Equipment Supply™ or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Playground Equipment Supply™ makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Playground Equipment Supply™, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE Playground Equipment Supply™ IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. Playground Equipment Supply™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, Playground Equipment Supply™ MAKES NO WARRANTY THAT THE Playground Equipment Supply™ WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Playground Equipment Supply™ WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, S, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE Playground Equipment Supply™ WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Playground Equipment Supply™ IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE Playground Equipment Supply™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Playground Equipment Supply™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Playground Equipment Supply™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Playground Equipment Supply™; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND S RESULTING FROM ANY GOODS, DATA, INFORMATION OR S PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Playground Equipment Supply™ ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Playground Equipment Supply™ ; OR (v) ANY OTHER MATTER RELATING TO THE Playground Equipment Supply™ . IN NO EVENT SHALL Playground Equipment Supply™' 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, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Playground Equipment Supply™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, VOLUNTEERS, STAFF AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE Playground Equipment Supply™ , YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Playground Equipment Supply™ OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Playground Equipment Supply™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Playground Equipment Supply™ , and remove and discard any Content within the Playground Equipment Supply™ , for any or no reason. Playground Equipment Supply™ may also in its sole discretion and at any time discontinue providing the Playground Equipment Supply™ , or any part thereof, with or without notice. You agree that any termination of your access to the Playground Equipment Supply™ under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that Playground Equipment Supply™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Playground Equipment Supply™ . Further, you agree that Playground Equipment Supply™ shall not be liable to you or any third-party for any termination of your access to the Playground Equipment Supply™ .
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE Playground Equipment Supply™ , ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF Playground Equipment Supply™, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF Pennsylvania (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
Playground Equipment Supply™ respects the intellectual property of others, and we ask our users to do the same. Playground Equipment Supply™ may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Playground Equipment Supply™ the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please CONTACT US
