Terms and Conditions
Terms and Conditions of use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this site agree that access to and use of this site are subject to applicable law and the following terms and conditions, which Creative Recreation may modify, alter or update at any time in its sole discretion and which are binding on you. If you do not agree to these terms and conditions, please do not use this site.
This website and its contents are intended solely for your personal, non-commercial use. Creative Recreation will attempt to ensure that this website is complete, accurate and current. Occasionally there may be information on this site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on this site at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
All content included in this site, including but not limited to text, graphics or code is the property of Creative Recreation or is licensed to Creative Recreation and is Copyright 2012, Creative Recreation. ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or print hard copy portions of this site for the sole purpose of placing an order with Creative Recreation or purchasing Creative Recreation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.
Trademarks; Other Rights
All trademarks, service marks and trade names of Creative Recreation used herein (including but not limited to the Creative Recreation name and Creative Recreation logos) are trademarks or registered trademarks of Creative Recreation and are the sole property of Creative Recreation. Nothing contained in this website grants or should be construed as granting any license or right to use any trademark, trade name or logo displayed on this website without the prior written permission of an authorized representative of Creative Recreation.
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CREATIVE RECREATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CRATIVE RECREATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE RECREATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF PROHIBITED BY LOCAL LAW.
Fair Credit Billing Act
WE GUARANTEE THAT EVERY ONLINE TRANSACTION YOU MAKE WILL BE 100% SAFE. THIS MEANS YOU PAY NOTHING IF UNAUTHORIZED CHARGES ARE MADE TO YOUR CARD AS A RESULT OF SHOPPING AT OUR ONLINE STORE. UNDER THE FAIR CREDIT BILLING ACT, YOUR BANK CANNOT HOLD YOU LIABLE FOR MORE THAN $50.00 OF FRAUDULENT CHARGES. IF YOUR BANK DOES HOLD YOU LIABLE FOR ANY OF THIS $50.00, WE WILL COVER THE ENTIRE LIABILIY FOR YOU, UP TO THE FULL $50.00. WE WILL ONLY COVER THIS LIABILITY IF THE UNAUTHORIZED USE OF YOUR CREDIT CARD RESULTED THROUGH NO FAULT OF YOUR OWN FROM PURCHASES MADE WHILE USING THE SECURE SERVER. IN THE EVENT OF UNAUTHORIZED USE OF YOUR CREDIT CARD, YOU MUST NOTIFY YOUR CREDIT CARD PROVIDER IN ACCORDANCE WITH ITS REPORTING RULES AND PROCEDURES.
Limitation of Liability
CREATIVE RECREATION AND ITS OFFICERS, EMPLOYEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR THE PERFORMANCE OR CONDITION OF PRODUCTS, EVEN IF CREATIVE RECREATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. CREATIVE RECREATION’S TOTAL LIABILITY ON ANY CLAIM FOR ANY LOSS OR DAMAGE, WHETHER BASED IN CONTRACT, NEGLIGENCE, INFRINGEMENT, STRICT LIABILITY OR OTHER TORT OR LEGAL THEORY SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCTS OR SERVICES IN RESPECT OF WHICH SUCH CAUSE ARISES OR, AT CREATIVE RECREATION’S OPTION, THE REPAIR OR REPLACEMENT OF SUCH PRODUCTS.APPLICABLE LOCAL LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law; Arbitration
Your use of this site shall be governed in all respects by the laws of the state of California, 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 any disputes between us, which cannot first be resolved informally, shall be submitted to final and binding arbitration in Los Angeles, California in accordance with the rules and procedures of the
American Arbitration Association.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell a product or service. Creative Recreation reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. We may also require verification of information prior to the acceptance and/or shipment of any order.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Creative Recreation is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to defend, indemnify and hold Creative Recreation harmless from and against any and all claims, damages, costs and expenses arising from or related to your use of this website or your breach of these Terms.
Unless otherwise specified, this website and the contents thereof are displayed for the sole purpose of promoting the products provided by Creative Recreation available in the United States. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Creative Recreation’s later right to strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of this website and shall not be modified except in writing signed by you and the authorized representative of Creative Recreation.