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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to 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.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Plan-It Play, a brand of Backyard PlayNation, LLC. The collective work includes works that are licensed to Plan-It Play, a brand of Backyard PlayNation, LLC. Copyright 2017, Plan-It Play, a brand of Backyard PlayNation, LLC 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 Plan-It Play, a brand of Backyard PlayNation, LLC or purchasing Plan-It Play, a brand of Backyard PlayNation, LLC products. 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 of the site solely for your own non-commercial use, or to place an order with Plan-It Play, a brand of Backyard PlayNation, LLC or to purchase Plan-It Play, a brand of Backyard PlayNation, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Plan-It Play, a brand of Backyard PlayNation, LLC. 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 Plan-It Play, a brand of Backyard PlayNation, LLC used in the site are trademarks or registered trademarks of Plan-It Play, a brand of Backyard PlayNation, LLC


Warranty Disclaimer
All Plan-It Play, a brand of Backyard PlayNation, LLC products are warranted for a period of one year from the date of purchase against defects in material and workmanship. This does not cover products from other manufacturers sold through Plan-It Play, a brand of Backyard PlayNation, LLC. Very few of our products are purchased through other vendors. If you would like a list of these products please ask one of our sales representatives. Defective Plan-It Play, a brand of Backyard PlayNation, LLC parts will be repaired or replaced at Plan-It Play, a brand of Backyard PlayNation, LLC' liability is limited to the defective part. Any damages caused by lack of maintenance, vandalism or improper installations are not covered under this warranty.


Incorrect/Missing/Damaged Items
The customer has 7 days from the date the order was received to file a claim. Any items determined incorrect, missing or damaged will be replaced and shipped standard ground free of charge. Incorrect and damaged items must be returned. The method of the return (i.e. call tag, COD, cross shipping) and the release of the replacement is at the discretion of management.

Important Note Regarding ALL Freight Shipments
The customer or person representing the customer must be at the delivery address to sign for the shipment. This is to verify the shipment was not damaged during transit and and the number of packages on the freight bill matches what was delivered. We have no re-course with the freight companies for damages not brought to the driver's attention and noted on the receiving ticket at the time of delivery. If absolutely necessary the customer can make prior arrangements with the freight company to leave the shipment at the delivery address without an inspection signature. Keep in mind, if the shipment arrives damaged, without your physical inspection at the time of delivery, any claim brought against Plan-It Play, a brand of Backyard PlayNation, LLC will be promptly denied.

Returns

Any return must have proper authorization in advance. All returns subject to a restocking charge. Freight not included. All returns must be made withing 45 days of purchase date.

Should you have any questions, please do not hesitate to call us toll free @ 866.346.7529 or send us an e-mail.


Limitation of Liability
Plan-It Play, a brand of Backyard PlayNation, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Plan-It Play, a brand of Backyard PlayNation, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Plan-It Play, a brand of Backyard PlayNation, LLC product is mistakenly listed at an incorrect price, Plan-It Play, a brand of Backyard PlayNation, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Plan-It Play, a brand of Backyard PlayNation, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Plan-It Play, a brand of Backyard PlayNation, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Plan-It Play, a brand of Backyard PlayNation, LLC 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
Plan-It Play, a brand of Backyard PlayNation, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Plan-It Play, a brand of Backyard PlayNation, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plan-It Play, a brand of Backyard PlayNation, LLC products) shall be in the state or federal courts located in Fulton County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plan-It Play, a brand of Backyard PlayNation, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Plan-It Play, a brand of Backyard PlayNation, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plan-It Play, a brand of Backyard PlayNation, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Plan-It Play, a brand of Backyard PlayNation, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity 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 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
Plan-It Play, a brand of Backyard PlayNation, LLC 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, Plan-It Play, a brand of Backyard PlayNation, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Plan-It Play, a brand of Backyard PlayNation, LLC 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 a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Plan-It Play, a brand of Backyard PlayNation, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Plan-It Play, a brand of Backyard PlayNation, LLC, 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.


Third-Party Links
In an attempt to provide increased value to our visitors, Plan-It Play, a brand of Backyard PlayNation, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Plan-It Play, a brand of Backyard PlayNation, LLC, Plan-It Play, a brand of Backyard PlayNation, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Plan-It Play, a brand of Backyard PlayNation, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Plan-It Play, a brand of Backyard PlayNation, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


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