Welcome to RecDepot.com (the "Site"), which is owned by Uneedafun LLCo. doing business as Recreation Depot. "You" and "your" refer to the user of the Site; "we," "us" and "our" refer to Recreation Depot.
Your access to and use of the Recreation Depot web site is subject to these Terms of Service, which we may update from time to time. It is your job to periodically review these terms for applicable changes. Your use of this site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by e-mailing Recreation Depot at info@recdepot.com.
All purchases of goods or services from or through Recreation Depot, whether via the Site, (Recdepot.com), by phone, local store, or otherwise, are governed by the Terms of Service below.
Use of the Site
The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Recdepot.com or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. No user may use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of Recdepot.com. We reserve the right to prohibit use of the Site by any user who, in our sole discretion, violates any of these Terms of Service.
Copyright and Trademark Information
The Site and all information and materials on the Site (the "Content") , includingsite design, text, images, graphics, interfaces, and the selection and arrangement of elements on the Site, is owned by Uneedafun LLCo. or its content providers, and is protected by copyright and other U.S. and foreign intellectual property laws. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site for the sole purpose of using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized member of Uneedafun LLCo., is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, the Content, or any portion thereof without prior written permission of an authorized member of Uneedafun LLCo.
Recdepot.com, and Recreation Depot are the service marks of Uneedafun LLCo., doing business as Recreation Depot The service marks and trademarks of Uneedafun LLCo., may not be used in connection with any product or service that is not provided by Uneedafun LLCo., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Uneedafun LLCo.
The trademarks and service marks of third parties that are displayed on the Site are the trademarks of their respective owners, and are not intended to imply any endorsement of such third parties or their goods or services or any affiliation between Uneedafun LLCo and such parties.
Recreation Depot disclaims any responsibility for the content of any third party materials provided through or on the Site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and incompliance with 17 U.S.C. § 512, if you believe that any Content on the Site infringes your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Attn: General Counsel info@recdepot.com
3. Representations, warranties, and acknowledgment
Recreation Depot makes no representations about the reliability of the features of the Recdepot.com web site, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Recreation Depot makes no representations regarding the amount of time that content on its site will be preserved.
OUR WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO OUR WEB SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RECREATION DEPOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR WEB SITE, NOR SHALL RECREATIO DEPOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND RECREATION DEPOT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEB SITE, RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL RECREATION DEPOT’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE DOLLAR ($1.00). SOMESTATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Recreation Depot, its members, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms of Service abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
Both you and Recreation Depot acknowledge and agree that no partnership is formed and neither of you nor Recreation Depot has the power or the authority to obligate or bind the other.
These Terms of Service will be governed by and construed in accordance with the internal laws of the State of New Jersey.
Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, any claim or controversy between us, or arising in any way out of the use or operation of the Site or other services, or any information, services, products, and materials contained in the Site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in Moorestown, New Jersey, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effectof this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in Burlington County, New Jersey pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
TERMS OF SALE
All purchases of goods or services from or through Recreation Depot, whether via the Site, (Recdepot.com), by phone, local store, or otherwise, are governed by the Terms of Sale below.
Shipping and Delivery
Unless otherwise specified in the terms of a promotion, shipping costs vary based on product, weight and distance. Remote areas within the continental USA may incur an additional shipping and installation charge. Crating is an additional $125.00 for all pool tables. Delivery and installation services do not include removal or disposal of crate and packing materials.
Extenuating circumstances such as, but not limited to, difficult delivery access may incur additional shipping or installation charges, even during the duration of a promotion where shipping or installation is included for free. This includes extraordinary mileage requirements which may necessitate additional fees to the installer. It also includes limited access to the delivery location by tractor trailer, multiple sets of stairs or narrow and sharp turning hallways that limit access.
- RESTOCKING FEE
All cancelled orders and order exchanges are subject to a 20% restocking fee. Return shipping on cancelled orders is the responsibility of the customer. The actual cost of the original shipping will not be refunded. Orders held and then cancelled are subject tomonthly storage fees.
- MANUFACTURER'S WARRANTY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
All Products purchased from Recreation Depot are covered by the manufacturer's warranty described at . The remedies set forth there are your sole and exclusive remedies for any breach of the manufacturer's warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECREATION DEPOT DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO GOODS OR SERVICES PURCHASED FROM OR THROUGH RECREATION DEPOT WHETHER SUPPLIED BY RECREATION DEPOT OR ANY THIRD PARTY.
IN NO EVENT WILL THE LIABILITY OF RECREATION DEPOT ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF SALE EXCEED THE PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY SERVICES PROVIDED BY RECREATION DEPOT TO WHICH ANY CLAIM OF LIABILITY IS RELATED.
IN NO EVENT SHALL RECREATION DEPOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE OR THE SALE OF GOODS OR THE PERFORMANCE OF SERVICES INCLUDING, WITHOUT LIMITATION, BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON RECREATION DEPOT UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF CUSTOMERS, INCOME OR PROFIT, AND DAMAGES OR LOSSES RESULTING FROM CLAIMS OF OTHER PERSONS AGAINST YOU.
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