Grand Leisure owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
Modifications to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Grand Leisure. Your submission of any such Comments shall constitute an assignment to Grand Leisure of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Grand Leisure will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever including social media accounts, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Clearance item orders cannot be canceled. Clearance items are final sale and may not be returned. Quantities are limited, and items are subject to prior sale. No price adjustments are given on prior sales.
Use of Social Media Tags
When you use social media tags (such as on Instagram or Twitter) that identify or are associated with Grand Leisure, including without limitation @grandleisure, #grandleisure, or any other similar social media tag in any way related to Grand Leisure, you agree to provide Grand Leisure with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in grand-leisure.com (or its sublicensees’) marketing materials and through all social media channels.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when Products that are available for purchase on the Site contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.
Delivery timeframes communicated by Grand Leisure are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall Grand Leisure be liable for deliveries that are received beyond the estimated delivery date.
Limitation of Damages for Delivery Services
Grand Leisure will use a third-party delivery service provider (“the delivery service provider”) to deliver your merchandise. The delivery service provider is expressly intended as a third-party beneficiary of this Limitation of Damages. THE AGGREGATE LIABILITY OF GRAND LEISURE AND ANY THIRD PARTY DELIVERY SERVICE PROVIDER THAT DELIVERS OR ATTEMPTS TO DELIVER YOUR MERCHANDISE AND ITS OR THEIR AFFILIATES, AND ALL OF ITS OR THEIR PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, PARTNERS, OFFICERS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS (“GRAND LEISURE and TP Provider”), RELATING IN ANY WAY TO THE DELIVERY SERVICES SHALL NOT EXCEED TWO TIMES THE TOTAL AMOUNT YOU PAID TO GRAND LEISURE FOR DELIVERY OF YOUR MERCHANDISE, WHETHER YOU CLAIM DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGE TO REAL OR PERSONAL PROPERTY) RELATING TO BREACH OF CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL GRAND LEISURE OR TP Provider BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RELATING TO YOUR DELIVERY SERVICES. This limitation of liability shall not apply to (a) liability resulting from Grand Leisure or TP Provider’s gross negligence or willful misconduct and (b) death or bodily injury resulting from Grand Leisure or TP Provider’s negligent acts or omissions. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
You agree to indemnify and hold harmless Grand Leisure, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from (i) your use of the Site, Products and/or Services (including, but not limited to, the display of your information or User-Generated Content on the Site), (iii) your breach of these Terms or (iii) any violation, misappropriation or infringement by you of the intellectual property rights of a third party. You hereby further agree to indemnify and hold harmless Grand Leisure, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. Grand Leisure reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with grand-leisure.com in asserting any available defenses.
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service Team toll-free at (877) 672-3727 or email our team at firstname.lastname@example.org, and we will be happy to assist you.
Dispute Resolution by Binding Individual Arbitration
We hope to avoid disputes with our customers but if an issue needs to be resolved the following Dispute Resolution Agreement shall govern what is required of us both. Unless you timely and properly exercise your right to reject this Dispute Resolution Agreement described below (LIMITED 30-DAY RIGHT TO REJECT THIS DISPUTE RESOLUTION AGREEMENT) you confirm and agree that the following terms will be binding on you and us.
Resolution of Disputes through Individual Arbitration
This is a binding legal agreement between you and Grand Leisure. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
You and Grand Leisure agree that, except for disputes that qualify for small claims court, any disputes arising out of or relating to your purchase and use of your Grand Leisure product or the condition or performance of your Grand Leisure product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding individual arbitration by a neutral arbitrator, instead of in court by a judge or jury. This applies to claims that may be asserted against Grand Leisure, against any affiliate or employee of Grand Leisure, or against any retailer from which you purchased your Grand Leisure product, which shall be considered third-party beneficiaries of this agreement. You and Grand Leisure agree that any arbitration under this paragraph will take place on an individual basis, and mutually waive any right to sue in court, to have a trial by jury, and to bring or participate in a class action.
The arbitration will be administered by the NAM (National Arbitration and Mediation) pursuant to their Standard Rules & Procedures, which are available, together with instructions on bringing an arbitration, on the NAM website at https://www.namadr.com/practice-areas/consumer-transactions/. The arbitrator will have the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement. The arbitrator will have the power to grant whatever relief would be available for your individual claim in a court under law or equity.
Limited 30-Day Right to Reject this Dispute Resolution Agreement
If you do not wish to be bound by this dispute resolution agreement you may reject it by mailing a rejection notice to us at:
Attn: Dispute Resolution
2693 Research Park Dr.
Fitchburg, WI 53711
Individual Relief Only and No Class Actions (the “Class Action Waiver”)
The arbitrator can award on an individual basis the same damages and relief as a court in favor or against only the parties to the arbitration, including monetary damages, attorneys’ fees (if available under applicable law), injunctive relief and declaratory relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. As permitted by applicable law and notwithstanding any language or terms in this dispute resolution agreement to the contrary, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate claims with claims of any other person. No administrator and no arbitrator shall have authority to conduct any such class, collective, representative, private attorney general or multiple-party proceeding. These provisions of the class action waiver are an essential part of this dispute resolution agreement and may not be severed from it. Notwithstanding the foregoing, if after exhaustion of any appeals of the preceding prohibitions any of the preceding prohibitions are found to be unenforceable with respect to a particular claim or request for relief, then the parties agree that such claim or request for relief shall be severed, stayed and decided by a court only after all other claims and requests for relief have been individually arbitrated.
Questions or Comments?
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