MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Registered User Accounts, Passwords, and Security
Portions of the Site may require that you register an account with Kingdom Playgrounds (“Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Kingdom Playgrounds of any unauthorized use of your password or any other breach of security about which you may be aware.
Products and Pricing
All descriptions of products and product pricing on any Site are subject to change at any time without notice and at the sole discretion of Kingdom Playgrounds. The technology you are using to view the Site may impact the accuracy of the display of any images of products offered on the Site. Kingdom Playgrounds does not warrant that the description of any product or any other content on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you. Unless expressly stated otherwise in writing, any sale of any product on the Site is intended for end-user customers only and the resale or export of any such product is prohibited.
Pricing for Kingdom Playgrounds products described or advertised on other sites and retail stores may differ from prices on our Site. Kingdom Playgrounds does not match prices, though by customer request and at the sole discretion of Kingdom Playgrounds, we may consider matching prices of other websites.
We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit in the amount of the canceled order and to the same payment method by which the order was created by the customer. There will be no cancellation, processing, or any other such fees for refunds cancelled or refunded by Kingdom Playgrounds due to a pricing error. We reserve the right to refuse any sale at any time.
The Site, all content on the Site (except any Trademarks of brands whose products we list for sale on the Site) are the property of Kingdom Playgrounds or its licensors (“Kingdom Playgrounds Property”). Kingdom Playgrounds gives you a limited, nonexclusive, revocable, non-assignable, non-sublicensable, non-transferrable, license to use the Kingdom Playgrounds Property for your own personal use. Any other use of the Kingdom Playgrounds property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Kingdom Playgrounds Property for any purposes.
All trademarks, logos, service marks and trade names of Kingdom Playgrounds are the property of Kingdom Playgrounds (“Kingdom Playgrounds Trademarks”). Any use of the Kingdom Playgrounds Trademarks without Kingdom Playgrounds’s pre-approval in writing is prohibited.
If the functionality is available on the Site, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms and Conditions and does not contain any commercial solicitation, mass mailing, profanity, or other form of “spam.” If you choose to submit any such submission, you hereby grant Kingdom Playgrounds a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on the Site in a manner that constitutes copyright infringement, please provide Kingdom Playgrounds’s copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by email to Kingdom Playgrounds’s copyright agent at firstname.lastname@example.org.
Limitation of Liability
IN NO EVENT WILL KINGDOM PLAYGROUNDS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, YOUR USE OF THE SITE, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY PRODUCT PURCHASED ON THE SITES, EVEN IF KINGDOM PLAYGROUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, KINGDOM PLAYGROUNDS’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE SITE IS PROVIDED AS-IS. KINGDOM PLAYGROUNDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITE OR ANY PORTION OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINGDOM PLAYGROUNDS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You agree to indemnify Kingdom Playgrounds and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of the Site or your violation of any rights of any third party.
Arbitration and Class Action Waiver
Binding Individual Arbitration. If you and Kingdom Playgrounds have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and Kingdom Playgrounds agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Kingdom Playgrounds will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of Kingdom Playgrounds’s last written settlement offer made before an arbitrator was selected (or if Kingdom Playgrounds did not make a settlement offer before an arbitrator was selected), then Kingdom Playgrounds will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. Kingdom Playgrounds waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and Kingdom Playgrounds.
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH KINGDOM PLAYGROUNDS, YOU MUST SEND WRITTEN NOTICE TO: KINGDOM PLAYGROUNDS, 3941 W JORDAN ST, SPRINGFIELD, MO 65802, TO GIVE YOU AND KINGDOM PLAYGROUNDS THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND KINGDOM PLAYGROUNDS SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN SPRINGFIELD, MISSOURI AND YOU AND KINGDOM PLAYGROUNDS EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Notices / Contact Kingdom Playgrounds
Kingdom Playgrounds may contact you by posting a message to the Site or via any information you submit to Kingdom Playgrounds in registering for your Account, using the chat feature, subscribing to our email list(s), providing your email in exchange for a coupon, or any other such voluntary submission of information from you on the Site. Any notices sent to Kingdom Playgrounds must be by email to email@example.com.
For any questions about the Site, you may contact Kingdom Playgrounds at firstname.lastname@example.org or by phone at (417) 413-3020.