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Terms
and Conditions
The following terms and conditions are strictly intended for this website, DrivewayGames.com ("the website") which is owned and maintained by The Driveway Games Company, LLC. ("Driveway Games").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
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| 1. | Products, Content and Specifications.
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| | All features, content, specifications, products and prices of products and services described or depicted on this Web 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, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner. Trademarked and copyrighted logos, artwork, and graphics found on products are not to be copied, or resold as part of any other product than it was originally intended, pursuant to U.S. trademark and copyright law. |
| 2. | Accuracy of Information.
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| | Driveway Games attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. |
| 3. | Sales Tax Policy.
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| | Because Driveway Games does business throughout the United States and collects and remits sales tax as required by law, the Driveway Games Web site also collects and remits sales tax as appropriate. Sales tax, if required, will be automatically calculated and added to your sales total during the checkout process. |
| 4. | Paying for Your Order.
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| | You may pay for your orders with major credit cards issued in the United States of America and may take discounts using Driveway Games issued coupons. Currently, we accept Visa®, and MasterCard® and use secure SSL encrypted technology to protect your financial information. To find out more about our security payment processing click here.
Generally, credit and debit cards are not charged until we either ship the item(s) to you (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed.
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| 5. | Using Coupons and Gift Certificates
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| | Coupons, and Gift Certificates, unlike credit or debit cards, are debited at the time an order is placed. Gift Certificates will automatically be redeemed to purchase totals, up to the total purchase amount. Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. |
| 6. | Shipping Limitations.
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| | When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. |
| 7. | Copyright Information and Ownership of this Web Site.
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| | The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by Driveway Games, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of Driveway Games or other owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other U.S. and state specific laws and regulations. |
| 8. | Trademarks.
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| | Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Driveway Games and its affiliates. This includes, but is not limited to: the DG circle-and-bag logo icon, the DG bag-on-diagonal logo icon, DrivewayGames.com, The Driveway Games Company, LLC., The Original Corn Toss Game, Corn Toss the Game, Corn Toss, Corn Bags, The Cincinnati Style, East Side Style, Old-School Style, The Money Bag Style, Money Bag, Money Bag Game, Beach Style Corn Toss, Washoos, Polo Golf, and others. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, and their affiliates. They have been used on this site with full permission and/or official licensing from their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Driveway Games or such third party owner. |
| 9. | Linking to this Web Site.
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| | Creating or maintaining any link from another Web site to any page on this Web Site without Driveway Games prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without Driveway Games prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. |
| 10. | Third Party Links.
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| | From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Driveway Games, or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Driveway Games nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Driveway Games nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk. |
| 11. | Limitations of Use and Inappropriate Material.
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| | Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Driveway Games may have at law or in equity, if Driveway Games reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Driveway Games may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Driveway Games will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Driveway Games to disclose the identity of anyone posting such materials. |
| 12. | User Information.
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| | Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Driveway Games, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Driveway Games may, but is not obligated to, monitor or review any User Communications. Driveway Games shall have no obligations to use, return, review, or respond to any User Communications. Driveway Games will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Driveway Games retains the right to remove any or all User Communications that includes any material Driveway Games deems inappropriate or unacceptable. |
| 13. | Disclaimers.
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| | YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DRIVEWAY GAMES NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER DRIVEWAY GAMES NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. WITH THE EXCEPTION OF PROPRIETARY PRODUCTS PRODUCED UNDER THE DRIVEWAY GAMES LABEL; TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DRIVEWAY GAMES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES (NON-DRIVEWAY GAMES MANUFACTURED) LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIVEWAY GAMES HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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| 14. | Liability Limitations.
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| | Driveway Games does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL DRIVEWAY GAMES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB 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 THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
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| 15. | Revisions to these Terms and Conditions.
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| | Driveway Games may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. |
| 16. | Choice of Law; Jurisdiction.
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| | These Terms and Conditions supersede any other agreement between you and Driveway Games to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by Driveway Games from its offices in Ohio. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the State of Ohio or the United States District Court of Ohio. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. |
| 17. | Termination.
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| | You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. |
| 18. | Additional Assistance
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| | If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email our customer service department at service@drivewaygames.com. |
Last Updated : February 10, 2005
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Copyright © 2004 - 2005 Driveway Games Company LLC. All Rights Reserved.
Trademarks, trade names, service marks, and logos found on this website are the express ownership of the respective entity.
All Rights Reserved – Copyright & Trademark Policy
Website developed and maintained by Armadillo Web Design and Technologies
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