Darzoth’s Dungeon Terms of Use
Last updated August 6, 2019
INTRODUCTION
PLEASE READ THE FOLLOWING AS IT AFFECTS YOUR LEGAL RIGHTS. BY ACCESSING OR OTHERWISE USING THIS SERVICE YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE REQUIREMENT OF THE USE OF ARBITRATION TO RESOLVE ANY DISPUTE RATHER THAN A JURY OR ORTHER COURT PROCEEDINGS OF ANY KIND.
These terms govern your relationship with Attigo 360 Inc., d/b/a Darzoth’s Dungeon (“Darzoth’s Dungeon”). By accessing or otherwise using this service and/or purchasing any merchandise from Darzoth’s Dungeon, you agree to these terms and conditions.
AVAILABILITY
As a part of Darzoth’s Dungeon’s order and shipping policies, orders will only be shipped when items are made available. Availability of items occurs at the sole discretion of Darzoth’s Dungeon. Darzoth’s Dungeon does not maintain an inventory and shall only place orders for its merchandise when it, at its sole discretion, deems that it has received enough orders to justify the placement of such orders.
CONFIRMATION OF INVOICES
It is your sole responsibility to confirm that the invoice you receive is accurate. Darzoth’s Dungeon shall not be responsible for inaccurate invoices once payment is received for said invoice. Your payment of an invoice is your express confirmation that said invoice is correct and accurate.
DELIVERY
Darzoth’s Dungeon does not ship any product(s). In engaging in the ordering process with Darzoth’s Dungeon, you expressly agree that you shall arrange for the pick up of any merchandise, order, and/or product(s) within 30 days of notice of its availability, directly from Darzoth’s Dungeon. Darzoth’s Dungeon reserves the right to dispose of any merchandise, order, and/or product(s) that is not picked up within 30 days of notice of its availability. No refunds shall be given for any merchandise, order, and/or product(s) that is disposed of pursuant to this policy.
If you wish to utilize a third-party to pick up your merchandise, order, and/or product(s), you must notify Darzoth’s Dungeon in writing. You expressly agree that Darzoth’s Dungeon is not liable and/or responsible for your merchandise, order, and/or product(s) if a third-party is used for the pickup of said merchandise, orders, and/or product(s).
DISCLAIMER
ALL PRODUCTS, SERVICES AND/OR ITEMS SOLD BY DARZOTH’S DUNGEON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DARZOTH’S DUNGEON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DARZOTH’S DUNGEON SHALL NOT BE RESPONSIBLE FOR ANY MERCHANDISE, ORDER, AND/OR PRODUCT(S) ONCE IT LEAVES THE POSSESSION OF DARZOTH’S DUNGEON.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT SHALL DARZOTH’S DUNGEON BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIATION DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO DARZOTH’S DUNGEON’S OPERATION, OR YOUR USE OF DARZOTH’S DUNGEON’S OPERATION, SALES, AND/OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL, AGGREGATE, LIABILITY OF DARZOTH’S DUNGEON AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS, OF ANY KIND (INCLUDING BUT NOT LIMITED TO, TORT, PRODUCT LIABILITY, WARRANTY, AND CONTRACT) ARISING OUT OF OR RELATED TO DARZOTH’S DUNGEON’S OPERATION, SALES, AND/OR SERVICES EXCEED $200.
BY PLACING AN ORDER WITH DARZOTH’S DUNGEON, YOU EXPRESSLY AGREE TO THIS LIMITATION OF LIABILITY.
MEMBERSHIP
Any use of or membership in Darzoth’s Dungeon (“Membership”) may be terminated at the sole discretion of Darzoth’s Dungeon. Membership does not vest any rights and/or interest in Darzoth’s Dungeon and the goods, products, services, and/or merchandise that Darzoth’s Dungeon may offer. Any use of or Membership in Darzoth’s Dungeon does not create any form of special relationship with Darzoth’s Dungeon and only allows you to order merchandise from Darzoth’s Dungeon.
Your Membership may not be transferred, exchanged, given away, and/or sold.
PAYMENT
Payment must be received in full, in advance, in order to complete a purchase. Items shall be delivered subject to Darzoth’s Dungeon’s delivery policy (see “Delivery”).
RETURNS AND REFUNDS
ALL SALES ARE FINAL. Darzoth’s Dungeon does not provide refunds. Darzoth’s Dungeon may provide exchanges for defective and/or damaged products at its sole discretion, for an exact and identical replacement.
SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or for any other reason found to be unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
WAIVERS
No waiver, express or implied, by either Party for any breach or default of these Terms shall be deemed a waiver for any preceding or subsequent breach of default.
GOVERNING LAW
These Terms and any claim, controversy, dispute, or cause of action (whether in contract or tort or otherwise) based upon, arising out of, or relating to these Terms and the transactions contemplated hereby shall be governed by the laws of the State of Michigan.
ARBITRATION
YOU AND DARZOTH’S DUNGEON AGREE THAT IN THE EVENT OF ANY CLAIM, CONTROVERSY, DISPUTE, OR CAUSE OF ACTION (WHETHER IN CONTRACT OR IN TORT OR OTHERWISE) BASED UPON, ARISING OUT OF, OR RELATING TO THESE TERMS AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN THE COUNTY OF OAKLAND, STATE OF MICHIGAN.
YOU AND DARZOTH’S DUNGEON AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
ENTIRE AGREEMENT
These Terms represents the entire understanding of the Parties and supersedes any and all other and prior agreements between the Parties regarding the subject matter and the terms and provisions of these Terms.