916 Poker Depot User Agreement and Terms and Conditions of Sale
THE FOLLOWING DESCRIBES THE TERMS ON WHICH 916 POKER DEPOT OFFERS YOU ACCESS TO OUR SERVICES:
This User Agreement (“Agreement”) is a contract between you and 916 Poker Depot and applies to your use of the 916 Poker Depot website, the website of any subsidiaries 916 Poker Depot, and the purchase of any related products and services available through www.916pokerdepot.com (collectively the “Service” or “Services”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
In this Agreement, “you” or “your” means any person or entity using the Service (“Users” and/or “Buyers”). Unless otherwise stated, “916 Poker Depot,” “we” "us" or “our” will refer collectively to 916 Poker Depot, its parent(s), subsidiaries, affiliates, officers, directors and employees, as appropriate.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use the services of 916 Poker Depot. We strongly recommend that, as you read this Agreement, you also access and read the information contained in any other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of our Services will be governed by the terms and conditions posted herein. You are encouraged to continually review this Agreement to stay abreast of any changes.
This Agreement was last modified on January 1,2008.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective immediately upon posting on our site.
Sales and Deposits
No Warranties, No Returns. We take great pride in the product that we sell – custom poker tables – but because these products are all highly-customized by and for each of our individual customers, we regret that we cannot offer any refunds or returns once the customer has given final approval to the table specifications. All sales are final at the time of purchase.
There is sales tax of 7.25% in California only.
Shipping
All shipping charges are COD and billed directly to the customer. Orders will be shipped using FedEx Freight. For a shipping quote please email us at sales@916pokerdepot.com or call us directly at 916-879-5021 with the complete address of the shipping location and indicate if it is being delivered to a business or residence. There is a $99.99 crate fee on all orders that are placed. This amount shall be added to the total order.
Shipping Protection Policy
It is your responsibility to protect yourself from accepting damaged merchandise. Before signing the delivery receipt, you have the right and responsibility to do the following:
◦ Visually inspect all cartons or crates for holes, tears, and other indications of rough handling.
◦ Fully remove merchandise from cartons and visually inspect it for any damage, no matter how minor. Pay particular attention to any areas that correspond to damage appearing on the carton.
◦ If there is any damage, you are not obligated to take delivery and have the right to refuse delivery. If you do so, you must immediately email us at sales@916pokerdepot.com to notify us of this refusal of delivery or call 916-879-5021.
◦ If you accept delivery, you are responsible for all damages, whether or not the damage was noticed at the time of delivery. Your signature on the delivery receipt, or the signature of your normally authorized representative, indicates that you have accepted the merchandise in “good order.”
If the package is properly notated of damage or refused and returned to 916 Poker Depot then we shall file all insurance claims and work directly with the insurance company. Be advised that due time is needed to complete the claim process and can take up to approximately 30-60 days. Once the insurance claim is approved and paid out a replacement table will be made for the customer at no cost. The replacement item could take up to 4-6 weeks to be replaced depending on production work load, but will be put # 1 on the priority list and we will work diligently to get the replacement item sent to the customer. The original shipping charges are non-refundable and no refunds will be issued. The replacement item will be sent to free of charge once the insurance claim is awarded.
If an item is clearly damaged then we recommend that you refuse the package. Once we receive the package back we will start the claim process.
WE, OUR PARENT(S), SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS,” "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
IN NO EVENT SHALL WE, OUR PARENT(S), SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OUR PRODUCT(S) OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT(S), SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00.
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify and hold 916 Poker Depot, its parent(s), subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees and court costs) made or incurred by you or any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
Product Legality
The laws that determine the legality of the products offered on this website are as various as the states and the cities from which our customers place their orders. It is your responsibility to determine which products are legal in your jurisdiction. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
Restricted Activities
“Your Information” is defined as any information you provide to us or other users in the registration, ordering, purchase, & payment processes, or other features of our Service. You are solely responsible for Your Information.
By your use of the Service, you certify that Your Information, including any information and/or custom images that you provide to us, does not and shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers.
License
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, including images of any Product(s) that you order from us, in any media now known or not currently known, with respect to Your Information. We will use and protect Your Information in accordance with our stated Privacy Policy above.
Legal Disputes
In the event a dispute arises between you and 916 Poker Depot, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 916 Poker Depot agree that any controversy or claim at law or equity that arises out of this Agreement or 916 Poker Depot services (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, 916 Poker Depot strongly encourages users first to contact 916 Poker Depot directly to seek a resolution. 916 Poker Depot will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or 916 Poker Depot may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Jurisdiction & Venue
Alternatively, any Claims may be adjudicated by a court of competent jurisdiction located in Sacramento County, California. You and 916 Poker Depot agree to submit to the personal jurisdiction of the courts located within the county of Sacramento, California, USA.
Alternative Dispute Resolution
916 Poker Depot will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Sacramento County, California or another location mutually agreed upon by the parties.
