TERMS & CONDITIONS Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. ORDERS & CANCELLATIONS An agreement for Wertz Werkz Manufacturing, LLC (“Seller”) to sell goods to you (“Purchaser”) is made when we accept your order. The description of goods, price and applicable tax are agreed on between Purchaser and Seller when order is placed. Seller’s charge for transport, packaging, freight and/or insurance will be included in the final invoice upon shipment and is to be borne by Purchaser. Placement of an order is a binding agreement. Once placed, all orders are considered final and may not be changed or cancelled. Seller reserves the right to cancel any order due to unauthorized, altered, or ineligible use of offer or payment and to modify or cancel this promotion due to system error or unforeseen problems. COPYRIGHT The entirety of this site, including but not limited to graphics, text, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Wertz Werkz Manufacturing. The collective work includes works that are licensed to Wertz Werkz Manufacturing. Copyright 2015, Wertz Werkz Manufacturing all rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Wertz Werkz Manufacturing. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas site solely for your own non-commercial use, or to place an order with Wertz Werkz Manufacturing. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content on this site is strictly prohibited, unless authorized by Wertz Werkz Manufacturing. You further agree not to change or delete any proprietary notices from materials downloaded from the site. TRADEMARKS All trademarks, service marks, and trade names of Wertz Werkz Manufacturing used on the site are trademarked or registered trademarks of Wertz Werkz Manufacturing. TERMS AND CONDITIONS OF WEB STORE PURCHASE By purchasing goods from Wertz Werkz Manufacturing, LLC you are entering into a legally binding agreement with our company on the following terms. Please read and understand these terms as they affect your rights and liabilities. Please unpack and inspect your order immediately. Any and all claims must be reported within 90 business days. WARRANTY Limited Warranty: Wertz Werkz Manufacturing warrants to the original purchaser of its products that the items are free from defects in material and workmanship when used for its intended purposes in accordance with instruction, for a period of 90 days from date of original purchase. This limited warranty is void if the product has been accidentally or intentionally damaged, misused, not assembled or used in accordance with instructions, or used with third party products. Disclaimer of Warranties: Wertz Werkz Manufacturing disclaims all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose or infringement of third party rights. Limitation of Liability: Wertz Werkz Manufacturing shall not be liable for any damages of any kind for breach of warranty, or damages related to the use of the product, other than as provided herein. Wertz Werkz Manufacturing agrees to repair or replace any defective product covered by the limited warranty above, or, at Wertz Werkz Manufacturing’s option, refund the purchase price to the original purchaser, as the sole and exclusive remedy. Wertz Werkz Manufacturing shall not be liable to purchaser or any third party using the product, for any special, incidental, punitive or consequential damages (including loss of profits, loss of use, or arising from any breach of warranty, if any), or any cause of action based on personal injury, negligence, strict liability, tort, breach of contract, and any other causes of action in law or in equity. Warranty Claims: Any warranty claim by original purchaser must be made in writing to Wertz Werkz Manufacturing within 5 days after the end of the warranty period. Any claim for replacement or refund shall require Customer to return, at its own expense, the alleged defective product to Wertz Werkz Manufacturing within 120 days after original purchase, with all parts included. Claims should be made to Wertz Werkz Manufacturing at its posted place of business on current advertising material or current internet website. Warranty claims shall be processed within 30 days after receipt of the defective product. WARNINGS AND INSTRUCTIONS ON USE All games require adult assembly/disassembly and adult supervision for use. All games must be placed and secured on a firm, level surface for proper installment and use. Do not use vertical games in high winds, as it may become a tip hazard or fall over resulting in serious bodily injury. Some game pieces may be a choke hazard. All games should be played with adult supervision and no child under age 12 should play any game without close adult supervision. All bolts and screws should be tightened before each use. Games requiring electricity may be a shock/electrical hazard and should not be used in damp or wet areas. Discontinue use of any game using electricity in wet weather, or if the cord becomes frayed. Folding/unfolding games for use or storage may be a pinch hazard. Handle with care and keep hands and fingers away from pinch points while folding and unfolding games. Games and game pieces shall be used only as intended. Any other use is prohibited and owner’s sole risk. Do not use games that are damaged, cracked or broken. Never use any game containing a mirror with a chipped, cracked or broken glass or mirror piece. All participants and spectators of games should remain behind the controls or the player of the game to avoid being hit by game pieces. All games should be separated from pedestrian traffic ways. Games should be transported by adults only, without physical limitations or disabilities, and who can carry a minimum of 65 pounds of weight without limitations or risk of injury. TYPOGRAPHICAL ERRORS In the event that a Wertz Werkz Manufacturing product is mistakenly listed at an incorrect price, Wertz Werkz Manufacturing reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Wertz Werkz Manufacturing reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged and your order is cancelled, Wertz Werkz Manufacturing shall issue a credit to your credit card account in the amount of the incorrect price. TERM, TERMINATION These terms and conditions are applicable upon accessing the site or completing the registration and shopping process. Any part of these terms and conditions may be terminated by Wertz Werkz Manufacturing without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination. NOTICE Wertz Werkz Manufacturing may deliver notice to you by email, a general notice on the site, or by other reliable methods to the address that you have provided to Wertz Werkz Manufacturing. USE OF SITE Harassment in any form on the site, including email, chat, or use of obscene language is forbidden. The impersonation of others is prohibited. This includes impersonating a Wertz Werkz Manufacturing employee, host, or representative, as well as other members or visitors on the site. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or public rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload any commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. PARTICIPATION DISCLAIMER Wertz Werkz Manufacturing does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Wertz Werkz Manufacturing is only acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents for activities on the site. However, Wertz Werkz Manufacturing reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Wertz Werkz Manufacturing in its sole discretion. INDEMNIFICATION You agree to indemnify, defend and hold harmless Wertz Werkz Manufacturing, its officers, directors, employees, agents, licensors and suppliers (collectively, the “service providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
