TERMS AND CONDITIONS

Last Updated: January 01, 2025

Welcome to [ElementPlaysets.com] (“Website”). The following Terms and Conditions (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Website.

1. Acceptance of Terms

1.1 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our [Privacy Policy]. 1.2 These Terms apply to all visitors, users, and others who access or use the Website.

2. Eligibility

2.1 You must be at least 18 years of age to use this Website and to place orders for products. By using the Website, you represent and warrant that you meet the eligibility requirements.

3. Changes to the Terms

3.1 We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting to the Website. 3.2 Your continued use of the Website after any such changes indicates your acceptance of the new Terms.

4. Product Information and Orders

4.1 Product Descriptions: We strive to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content on the Website are complete, current, or error-free. 4.2 Pricing: All prices are listed in US Dollars (USD) unless otherwise noted. Prices and promotions are subject to change without notice. 4.3 Order Acceptance and Cancellation:

• We reserve the right to refuse or cancel any order for any reason, including availability, inaccuracies, or errors in product or pricing information.

• If we cancel an order after you have already been charged, we will issue a refund in the amount of the charge.
  Shipping and Delivery:

• Shipping costs and lead times vary depending on the product and delivery location. Estimated delivery times are provided as guidelines and are not guarantees.

• We are not liable for delays in shipment or delivery.

• Size, Weight, and Installation Requirements
  By placing an order, you acknowledge that you have reviewed the dimensions, weight, and any site requirements for the product’s installation and use.

• No Returns Due to Misjudged Dimensions
  Because our products are large and custom-built, we do not accept returns if the playset does not fit or if you did not account for its size or weight prior to purchase. If you have any questions about product specifications, please contact us before placing your order.

5. Installation Services (If Offered)

5.1 Any installation services provided by or through Element Playsets are governed by separate agreements or additional terms provided at the time of purchase.
5.2 It is your responsibility to ensure the installation site is prepared according to any guidelines we provide. We are not liable for additional costs or delays due to site conditions.

6. Payment Terms

6.1 Payment must be made in full at the time of purchase unless otherwise specified (such as in a financing or partial payment arrangement).
6.2 We accept credit cards and other payment methods as indicated on the Website.
6.3 In the event of a payment dispute, you agree to contact us first to resolve any issues.

7. Returns, Refunds, and Warranty

7.1 Return Policy: Please refer to our [Refund/Return Policy] for details on how we handle returns and refunds.
7.2 Warranty: Certain products may come with a manufacturer’s warranty. Any warranty information will be included with your purchase. We make no additional warranties beyond those offered by the manufacturer.

8. Intellectual Property

8.1 All content on this Website—including text, graphics, logos, images, and software—is owned by or licensed to [Element Playsets] and is protected by applicable intellectual property laws.
8.2 You may not reproduce, distribute, modify, or create derivative works of any content on the Website without our explicit written permission.

9. Prohibited Uses

You agree not to: 9.1 Use the Website in any way that violates applicable laws or regulations;
9.2 Engage in unauthorized framing of or linking to the Website;
9.3 Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
9.4 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, server, or network.

10. Disclaimer of Warranties

10.1 The Website and all content, products, and services provided through it are provided on an “as is” and “as available” basis.
10.2 We do not guarantee that the Website will be free from errors or interruptions in service, or that any defects will be corrected.
10.3 To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, [Element Playsets], its affiliates, directors, employees, or agents, shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, even if advised of the possibility of such damages.
11.2 Our total liability to you for all claims arising out of or relating to these Terms or your use of the Website shall not exceed the amount you paid for the applicable product or service.

12. Indemnification

You agree to defend, indemnify, and hold harmless [Element Playsets], its affiliates, officers, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website or violation of these Terms.

13. Governing Law and Jurisdiction

13.1 These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict-of-law principles.
13.2 Any legal action or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction of such courts.

13.3 Optional Arbitration and Class-Action Waiver

• 13.3.1 Agreement to Arbitrate
  Except where prohibited by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any products or services provided (collectively, “Disputes”) shall be resolved exclusively by binding arbitration. Arbitration shall be conducted under the rules of a reputable arbitration provider mutually agreed upon by the parties.

• 13.3.2 Class-Action Waiver
  To the fullest extent permitted by applicable law, all Disputes shall be resolved on an individual basis and shall not be brought as a class action, consolidated action, or any other type of representative proceeding. You expressly waive any right to pursue any Dispute as a class action or in any other representative capacity.

• 13.3.3 Exceptions
  Either party may bring a claim in small claims court for Disputes within the jurisdictional limits of such courts. In addition, nothing in this clause prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect Intellectual Property rights or to prevent loss of data or damage to servers.

• 13.3.4 Governing Law and Enforcement
  The arbitration shall be conducted in California, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall continue in full force and effect.

15. Termination

We may terminate or suspend your access to the Website at any time, without prior notice or liability, if we determine you have breached any term or condition of these Terms.

16. Entire Agreement

These Terms, together with our [Privacy Policy] and any other documents referenced herein, constitute the entire agreement between you and [Element Playsets] regarding the Website and supersede all prior agreements or understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: [contact@elementplaysets.com]

• Text: [626-385-6025]

By using [ElementPlaysets.com], you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

18. Phone Number Privacy

We respect your privacy and are committed to protecting your personal information.

• Use of Information: We use your phone number to send SMS messages regarding your inquiries and customer care.

• Data Sharing: Phone information or opt-in data collected will not be shared, sold, or disclosed to any third parties or affiliates for marketing purposes.

• Data Security: Your data is protected and retained only as necessary

By using [ElementPlaysets.com], you acknowledge that you have read, understood, and agreed to these Terms and Conditions.