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Terms of Sale


Last Updated: 05/11/2018

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING AN ITEM FROM THE WEB SITE OF TREE FROGS SWING SETS, YOU AGREE TO BE BOUND BY THE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.

IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT MAKE YOUR PURCHASE.

If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity’s behalf.

All questions or comments should be directed to Tree Frogs Swing Sets via the contact us form or by calling us at 713-690-5552.

All sales from the Sites are sold by Tree Frogs Swing Sets. These Terms of Sale apply to your purchases of any products from Tree Frogs Swing Sets, except to the extent that you have entered into a separate written agreement with Tree Frogs Swing Sets that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Tree Frogs Swing Sets’s sole discretion. By placing an order for products through the Site, you agree to be bound by and accept the Terms of Sale in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Tree Frogs Swing Sets, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.

Your Account

When you purchase from Tree Frogs Swing Sets, an account must be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

Payment Terms

Tree Frogs Swing Sets currently accepts VISA, MasterCard, American Express, Discover credit cards.

Taxes

All sales tax, excise taxes, or other forms of taxes levied against any transaction covered by these terms and conditions shall be paid by the Buyer over and above all other sums Buyer is or may become obligated to pay hereunder.

Shipping Policy

See Shipping Policy here for more information.

Return and Cancellation Policies

See Return and Cancellation Policies here for more information.

Product Availability and Pricing

Tree Frogs Swing Sets continually upgrade and revise their products and service offerings to provide you with new products and services. Tree Frogs Swing Sets may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

Product Descriptions; Pricing; Errors

Tree Frogs Swing Sets attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

Who We Sell To

Tree Frogs Swing Sets sells products only to adults purchasing for residential use. If you are under 18, you may use our Site and make a purchase only with involvement of a parent or guardian and must only purchase for residential use only. Tree Frogs Swing Sets products are not intended for commercial use of any kind or applications. Tree Frogs Swing Sets reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Warranties

Certain products come with a limited warranty. For information about which products come with a limited warranty, how to register your warranty and how to make a warranty claim, click here. EXCEPT AS EXPRESSLY SET FORTH IN THESE WRITTEN WARRANTIES, TREE FROGS SWING SETS MAKES NO OTHER WARRANTIES FOR ITS PRODUCTS AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL TREE FROGS SWING SETS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE SITES. TO THE FULL EXTENT PERMITTED BY LAW, TREE FROGS SWING SETS’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.

HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF TREE FROGS SWING SETS’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.

Dispute Resolution

ANY DISPUTE OR CLAIM BETWEEN YOU AND TREE FROGS SWING SETS, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PURCHASE OF PRODUCT FROM TREE FROGS SWING SETS, ANY PRODUCTS SOLD BY TREE FROGS SWING SETS OR THROUGH THE SITES, OR THESE TERMS OF SALE (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable or otherwise invalid. WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE ACTION BASIS.

Applicable Law and Venue

These Terms of Sale and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms of Sale shall be filed only in the state and federal courts located in Harris County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

Severability

If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.