TERMS OF USE | SECURITY | PAYMENT INFORMATION | SHIPPING INFORMATION | RETURN POLICY | PRODUCT WARRANTIES
DAMAGED MERCHANDISE | TAXES | TERRITORY RESTRICTIONS

TERMS OF USE

Use of the KT Games Inc. website (www.kingtoss.com) and the content contained herein (hereinafter collectively referred to as the “Site”) is governed by the terms of this Agreement (the “Agreement”) between you and KT Games Inc. Your use of this Site constitutes your unconditional agreement to be bound by the terms of this Agreement.

If you do not agree with the terms and conditions of this Agreement, you must immediately cease using this Site.

1. The Site is subject to protection under copyrights, trademarks and/or other intellectual property rights owned, controlled or licensed by KT Games Inc. and its affiliates or by third parties. These rights are protected by common law, state laws, and U.S. and international laws. KT Games Inc. expressly reserves all rights, titles, and interests in and to all copyrights, trade names, logos, patents and other intellectual property and proprietary rights in and to the Site, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets"; the overall "look and feel", processes, software, technology, and other materials which appear on this Site; and the business processes used to market products and services. You agree that your rights are limited to those granted herein, and you will not acquire any rights except as expressly set forth in this Agreement.

2. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

3. The Site may contain robot exclusion headers. Much of the information on the Site is updated on a regular basis and is proprietary to KT Games Inc., our suppliers and other third parties. You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, avatars or intelligent agents) to navigate, access or search this Site, other than generally available third party web browsers such as Microsoft Internet Explorer™, Netscape Navigator™, and Mozilla Firefox™. Additionally, you agree that you will not take any action that imposes or may impose (in the sole discretion of us or our suppliers affected by your action) an unreasonable or disproportionately large load on our infrastructure, or the bandwidth or infrastructure of the company that hosts this Site, or bypass the robot exclusion headers or other measures on this Site or on the host servers that may be used to prevent or restrict access.

4. KT Games Inc. shall not be liable for damages resulting from any failure caused by events beyond its control, by any act of God, such as a power failure, or by any other cause not within the control of KT Games Inc.

5. If you violate any of the terms or conditions of this Agreement, this Agreement terminates immediately without notice. KT Games Inc. may deny access to the Site to you and anyone claiming by or through you without liability to anyone. KT Games Inc. shall have all additional rights and remedies at law and in equity arising from such violation. Further, you agree to indemnify, defend and hold KT Games Inc., and its affiliates, suppliers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys fees) arising out of or relating to any such prohibited use of the Site. If you violate or infringe upon the rights of any third party, they have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.

6. Any delay or failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, which shall be given full effect without regard to the invalid portions.

7. KT Games Inc. makes every effort to provide you accurate information via this Web application. KT Games Inc., its employees, affiliates, and suppliers make no warranty or representation as to the accuracy of information and assume no liability for any errors or omissions in any portion of the content presented. KT Games Inc. reserves the right to change or discontinue any or all parts of this site, including inventory availability and price. All information provided through this site is subject to change without prior notice at any time. The price information provided and all orders submitted are considered to be an offer to purchase and are not accepted until the credit card transaction is processed and the order shipped. If we discover that an item ordered is incorrectly priced, we will notify you immediately and obtain permission to correct the error before processing the transaction. If a requested item is out of stock, we'll notify you immediately to determine if the item should be backordered, cancelled, or a substitution made.

8. This Agreement represents the entire agreement between you and KT Games Inc. regarding the use of the Site.

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SECURITY

The KT Games Inc. Online Store utilizes SSL (Secure Socket Layer) 128-bit encryption technology for all online transactions. Secure Sockets Layer (SSL), is a standard security protocol for creating an encrypted link between a web server and a browser. This secure link ensures that all data passed between the web server and browser remains private. When you reach a checkout screen requesting personal payment information, a padlock icon will appear in the status bar of your web browser and the "http://" protocol indicator in the address bar, will change to "https://" indicating that all information is now being encrypted and transferred over a secure connection.

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PAYMENT INFORMATION

Orders placed using the KT Games Inc. Online Store may be paid by MasterCard, Visa, American Express or Discover. Your payment information is guaranteed to be secure. In the event that you discover unauthorized charges on your credit card, within sixty (60) days after the purchase from KT Games Inc., please:

1. Promptly contact your credit card company and report the unauthorized charges. You should ask to speak to a representative of the company's fraud department, who will inform you of the company's fraudulent claims process and determine whether or not to charge you a personal liability fee.

2. If your credit card company: (a) determines that the charges were fraudulent charges resulting from your online purchases at KT Games Inc. Online Store, and (b) states that you will be held liable for any of the unauthorized charges, please contact us immediately as set forth below.

3. For your convenience, you may contact us by email at info@kingtoss.com. In order to help you, please provide the following information: name, daytime telephone number (including area code), billing address. We will send you a form authorizing us to fully investigate the fraudulent charges to your bill and request that you provide us with a copy of the credit card statement in question.

4. For security purposes, our fraud department will confirm receipt of your claim.

5. If we determine that the fraudulent charges resulted through no fault of your own, and that your credit card company has, nonetheless, held you liable for such charges, we will issue a credit to your credit card account up to a maximum of $50.00 and send you a letter confirming such credit reimbursement. The $50.00 limit is the maximum amount your credit card company can hold you responsible for under the Fair Credit Billing Act. We will reimburse you the $50 you could otherwise be charged for an unauthorized charge, because we want you to feel completely secure shopping with us. Of course, it has to be a genuinely unauthorized use through our Site and through no fault of your own in order for us to compensate you, and you must have notified your credit card company or bank of the unauthorized use of your card.

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SHIPPING INFORMATION

All items are shipped using a third-party shipping service selected solely by KT Games Inc. (e.g., FedEx, DHL, UPS). Shipping charges for your order are automatically added during the checkout process. Flat shipping rates have been adopted by KT Games Inc. The flat shipping rates have been adopted in view of the average shipping costs for products to various shipping zones, third-party handling charges and other merchant expenses.

We make every attempt to ship your package within 48-72 hours of receiving your order. However, even though our online store remains open, we may not be open for business in our physical office. We do not ship on Saturdays, Sundays or holidays. Should your order be placed at one of these times, it will be shipped during regular business hours.

Occasionally, a product we sell is out-of-stock and we need to re-order the item. These circumstances may delay the processing and shipping of your order. If we find an item on your order that is unavailable for shipment, we will e-mail you a Backorder Notice. We apologize for such inconveniences and try diligently to prevent them from occurring. If you need more information about backordered items, please contact us at (877) 546-4867.

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RETURN POLICY

Before returning any product to KT Games Inc., you must first obtain a Return Material Authorization (RMA) number. To request an RMA number, please call the King Toss Message Center at (877) 546-4867 and leave a detailed message that includes your contact information. A customer service representative will contact you regarding your request for an RMA number.

Please note that all returned products must be returned in resalable condition, in the original packaging material with all instructions and accessories. The RMA number should be clearly marked on the outside of any product returned to KT Games Inc. A credit or refund will be issued only after KT Games Inc. has inspected all returned items and confirmed that the returned products are in resalable condition.

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PRODUCT WARRANTIES

KT Games Inc. warrants its bases and decks to be free from defects in materials or workmanship for 30 days from the date of purchase. Bags are considered a wear item and are not warranted. Within the 30 day period, KT Games Inc. will, at its sole option, repair or replace any bases or decks that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any return shipping costs. This warranty does not cover failures due to abuse, misuse, accident or unauthorized alterations or repairs.

THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

IN NO EVENT SHALL KT GAMES INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

KT Games Inc. retains the exclusive right to repair or replace any defective product or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.

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DAMAGED MERCHANDISE

If an order arrives damaged, please notify KT Games Inc. within 24 hours of delivery. The product and all packaging material must be retained until the matter is resolved with the shipper.

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TAXES

Ohio residents will be charged state sales tax. This amount may be reviewed at checkout.

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TERRITORY RESTRICTIONS

Orders may be placed only by residents of the continental United States and will be sent only to locations in the continental United States.

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