Terms & Conditions
Welcome to the myswingsetstore.com web site operated by
Creative Play Enterprises, Inc. dba “Play-Well” Play-Well and its affiliates
provide their services to you subject to the following terms, conditions, and
provisions (“Terms and Conditions”). By accessing, viewing, or using this site,
you indicate that you understand and intend these Terms and Conditions to be the
legal equivalent of a signed, written contract, and you accept and agree to be
bound by these Terms and Conditions. Play-Well reserves the right to change
these Terms and Conditions at any time for any reason, and your continued use of
this site following any modifications will be deemed to constitute acceptance of
such modifications.
Copyright. Unless otherwise indicated, all content on this site,
including text, graphics, images, and logos, is the property of Play-Well or its
content suppliers and is protected by United States and international copyright
laws and regulations. In addition, Play-Well owns a copyright on this site as a
collective work or compilation, and in the selection, coordination, enhancement,
and arrangement of the site’s content. Except as expressly provided herein,
Play-Well does not grant any express or implied right to you. Play-Well actively
and aggressively enforces its intellectual property rights to the fullest extent
of the law. The contents of this site are Copyright © 2005 Creative Play
Enterprises, Inc. All rights reserved.
Color variation. Although every effort has been
made to ensure an accurate color reproduction on this site, the product colors
shown on this website may vary from the actual product delivered due to
manufacturing variations and the inherent inaccuracies in reproducing product
images online. Play-Well will not be responsible for color variation in any
product purchased using this site.
Weights. The figures used on this website for
product weights do not necessarily represent the actual weight of the product
itself, but also the necessary packaging required for shipping the product.
Availability. Customers may purchase products from
this website for shipment anywhere in the United States, except the State of
Texas.
Shipping rates. The shipping rates shown on this
website are believed to be accurate. If, however, we find that an order requires
additional shipping fees, user agrees to pay such fees. We will notify the user before shipping an order if there are additional fees
required. Shipping fees are inclusive of handling and packaging fees.
Sales tax: California Residents: Local California sales tax will be added
to your invoice. (7.25% to 8.75%)
Trademarks. Play-Well, myswingsetstore.com, and other names, graphics,
logos, and icons identifying Play-Well or its products or services are the
proprietary marks of Creative Play Enterprises, Inc. All other trademarks not
owned by Creative Play Enterprises, Inc. that appear on this site are the
property of their respective owners.
License. These Terms and Conditions provide you with a personal,
revocable, nonexclusive, nontransferable license to use this site conditioned on
your continued compliance with these Terms and Conditions. You may use this site
solely for your personal, noncommercial use , and you may download a single copy
of the materials from this site only for personal, noncommercial home use, as
long as you agree not to remove any copyright, trademark, or other proprietary
notices from the materials downloaded. Except as expressly provided herein, you
may not modify, copy, distribute, broadcast, transmit, reproduce, publish,
license, transfer, sell, mirror, frame, deep link, or otherwise use any
information or material obtained from or through this site without the prior
written permission of the material’s owner. As a condition of your use of this
site, you warrant to Play-Well that you will not use this site for any purpose
that is unlawful, unauthorized, or inconsistent with these Terms and Conditions,
and you agree that this license to use the Play-Well web site will terminate
immediately upon your violation of this warranty. Play-Well reserves the right
to terminate your access to this site and its content at any time, with or
without notice, at our discretion.
Play-Well Disclaimer. WHILE PLAY-WELL ENDEAVORS TO PROVIDE THE MOST
ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL
ERRORS, OR OUTDATED INFORMATION. MOREOVER, PLAY-WELL MAY MAKE MODIFICATIONS OR
CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. PLAY-WELL IS NOT RESPONSIBLE
FOR AND NEED NOT HONOR TYPOGRAPHICAL OR PRICING ERRORS ON THE SITE; PLAY-WELL
RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT
LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS
IN WHICH PLAY-WELL BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS
THAT PLAY-WELL BELIEVES ARE HARMFUL TO PLAY-WELL OR ITS AFFILIATES. PLAY-WELL
ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED
THROUGH THIS SITE.
YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. PLAY-WELL MAKES NO
REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE.
EXCEPT AS SET FORTH IN THE PLAY-WELL WARRANTY POLICY STATEMENT APPLICABLE TO
PRODUCTS SOLD ON THE MYSWINGSETSTORE.COM WEBSITE, ALL INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Linked Sites. This site contains links to sites owned and maintained by
persons or entities other than Play-Well. Play-Well does not regularly review
materials posted, or products or services offered, on the web sites to which
this site is linked. Play-Well does not necessarily endorse all of the
materials, products, and services available on such linked sites, and Play-Well
expressly disclaims responsibility for the contents of any linked site, the
accuracy of any information contained in a linked site, and the quality of the
products and services offered at any linked site. Any decision to view the
contents of any linked site is solely yours and is made at your own risk.
Submissions. Play-Well welcomes your comments about your experiences
shopping with us and your suggestions about how to improve this site. Any
comments, ideas, suggestions, information, or any other content you contribute
to Play-Well or this site (including the name you submit with any content) will
be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right
and license for Play-Well to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works from, display worldwide, or act
on such content—without additional approval or consideration—in any form, media,
or technology now known or later developed for the full term of any rights that
may exist in such content, and you waive any claim to the contrary. You
represent and warrant that you own or otherwise control all of the rights to the
content that you contribute to this site and that use of your content by
Play-Well will not infringe upon or violate the rights of any third party.
Indemnity. You agree to indemnify, defend, and hold harmless Play-Well,
its affiliates, and all of their employees, agents, officers, directors,
proprietors, partners, representatives, shareholders, servants, attorneys,
accountants, predecessors, successors, and assigns from and against any and all
claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees and litigation expenses) relating to or
arising from your use of this site or any breach by you of these Terms and
Conditions.
Applicable Law. This site is created and controlled by Play-Well in the
State of California, U.S.A. The laws of the State of California will govern
these Terms and Conditions (without giving any effect to the principles of
conflicts of laws) as such laws are applied to agreements entered and to be
performed entirely within California between California residents. Any action to
enforce these Terms and Conditions will be brought in the federal or state
courts presiding in Los Angeles, California, U.S.A., and all parties expressly
agree to be subject to the jurisdiction of such courts. This site is controlled
and operated by Play-Well from its offices within the United States. Play-Well
makes no representation that materials in this site are appropriate or available
for use in other locations, and access to them from territories where any of the
contents of this site are illegal is prohibited. Further, Play-Well makes no
representation that the products and services available for sale or use on this
site are appropriate or available for use in other locations, and use or
purchase of such products or services from territories where such purchase or
use is illegal is prohibited. If you choose to access or make purchases from
this site from other locations, you do so on your own volition and are
responsible for compliance with any applicable local laws.
General. In the event that any provision contained in these Terms and
Conditions is held by a court of competent jurisdiction to be contrary to any
law, the remaining provisions of these Terms and Conditions will remain in full
force and effect. No joint venture, partnership, employment, or agency
relationship exists between you and Play-Well as a result of these Terms and
Conditions or your use of this site. The waiver by Play-Well of one breach or
default under these Terms and Conditions shall not constitute the waiver of any
subsequent or other breach or default.
Questions regarding Play-Well or myswinsetstore.com may be directed to Play-Well
at 655 S Raymond Avenue, Pasadena, CA 91105 or (626) 793-0603 or
info@play-well.com