Effective Date: November 19th, 2014
The www.easternjunglegym.com web site (the “Site”) is owned, operated and maintained by Eastern Jungle Gym, Inc. and its Family of Businnesses (collectively, “Eastern Jungle Gym”). These terms & conditions (these “Terms”) are provided by Eastern Jungle Gym and applicable to all Eastern Jungle Gym’s operations at or through our websites, our mobile/table sites, our social media presence, our applications, and our stores.
Use of Site
This Site is a All materials you see and hear on this Site – including, for example, all of the page headers, images, text, illustrations, logo, designs, diagrams, photographs and video clips (individually or collectively, the “Content(s)”) – are intended solely for personal, non-exclusive and non-commercial use. Eastern Jungle Gym, Inc. owns and reserves all right, title and interest in and to the intellectual property rights in any Content you access on this site.
Eastern Jungle Gym may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Eastern Jungle Gym also reserves the right to block or deny access to the Site to anyone at any time for any reason.
Compliance with all Laws and Site Security
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our Store or using the Site or interfere or attempt to interfere with the proper working of this Site.
Accuracy of Information
While Eastern Jungle Gym strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Eastern Jungle Gym reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Eastern Jungle Gym shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Eastern Jungle Gym will issue a credit to your credit card. We apologize for any inconvenience this may cause you.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and services, including the applicable colors; however, because your monitor’s display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the product. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
User Content Posted by You
User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Site or transmit to users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. Eastern Jungle Gym may, but is not obligated to, monitor or review any user Content. Eastern Jungle Gym shall have no obligations to use, return, review or respond to any User Content. Eastern Jungle Gym will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. All content that your submit may be used at Eastern Jungle Gym’s sole discretion. Eastern Jungle Gym reserves the right to change, condense or delete any content on the Site that Eastern Jungle Gym deems, in its sole discretion, violate these Terms; is offensive or illegal; or may harm, or violate the rights of, or threaten the safety of any user or any other individual or entity. For any content that you submit, you grant Eastern Jungle Gym a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You acknowledge that you, not Eastern Jungle Gym, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Eastern Jungle Gym, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with any Review Service, you agree that Eastern Jungle Gym and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Treatment of Sales Tax
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax and in which we have a physical location. We currently have stores in New York, Connecticut and New Jersey. in certain states we are also required to charge tax on shipping charges.
Each product’s instruction manual contains the specific warranty as it applies to that product.
Limitation of Liability
Eastern Jungle Gym does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, or your downloading of any materials or information from the Site.
IN NO EVENT WILL EASTERN JUNGLE GYM OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS, OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF EASTERN JUNGLE GYM IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL DEFEND, INDEMNIFY AND HOLD EASTERN JUNGLE GYM HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or service purchased via the Site. By placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer.
Class Action Waiver
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR WITH A DISPUTE OF ANY OTHER PERSON/CUSTOMER. ALL PARTIES TO THE SUIT MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR BASES INVOLVING A DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION), OTHER PERSONS/CUSTOMERS, OR OTHER PERSONS/CUSTOMERS SIMILARLY SITUATED.
Periodically, links may be established from this Site to one or other external websites or resources operated by third parties (the “Third Party Sites”). Eastern Jungle Gym provides these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Eastern Jungle Gym Site. AT NO TIME SHALL ANY SUCH LINKS BE DEEMED TO IMPLY THAT EASTERN JUNGLE GYM ENDORSES OR APPROVES THE THIRD PARTY SITES OR ANY CONTENT THEREIN. EASTERN JUNGLE GYM DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. ACCESS TO ANY THIRD PARTY SITES IS AT YOUR OWN RISK AND EASTERN JUNGLE GYM WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES.
Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from Eastern Jungle Gym. In addition, framing, in-line linking or other association of this Site or its contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.
If you do not understand any of the foregoing Terms or if you have any questions or comments, we encourage you to call our customer service department at 1-800-752-9787.