Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting Kraftsman’s terms and conditions. "Kraftsman", “Ourselves”, “We” and "Us", refers to our company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Kraftsman’s stated services/products, in accordance with and subject to, prevailing United States law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company will only use any information collected from individual customers on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers. The government has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Kraftsman will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, Kraftsman:

Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Kraftsman’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Kraftsman of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Kraftsman does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of Kraftsman until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Termination of Agreements and Refunds Policy

Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, whereas Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services/products featured on this website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Kraftsman. Kraftsman does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Kraftsman, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Kraftsman on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive websites Kraftsman’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Kraftsman will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to Kraftsman’s services and the full content of this website. Kraftsman’s logo is a registered trademark of this Company in the United States. The brand names and specific services of Kraftsman featured on this website are trademarked.

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via company literature or via Kraftsman’s stated telephone or facsimile.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of United States and the Great State of Texas govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Kraftsman to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Kraftsman.

Notification of Changes

Kraftsman reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Internet Privacy Statements

  1. Our Commitment to Your Privacy

    Kraftsman Commercial Playgrounds ("Kraftsman") respects the privacy of every individual visiting https://www.kraftsmanplay.com (the "website"), and recognizes that protecting the privacy and security of the Nonpublic personal information we collect about you is an important responsibility. You will find a link to this notice at the bottom of our homepage and on every page within the website. By visiting https://kraftsmanplay.com, you agree and accept the practices described in this Privacy Policy, and all applicable laws. The terms in this Privacy Policy are subject to change without notice. By using the website, you expressly consent to our collection, use, storage and disclosure of your information and data as described in this Privacy Policy.

  2. Kinds of Information Collected by Us

    "Nonpublic personal information" is the nonpublic information about you that is obtained by us in connection with providing you information on some of our products and services. We may collect Nonpublic personal information from you when you visit the website.

    In general, you can visit our website without telling us who you are or revealing any information about yourself. Our Web servers may collect anonymous, aggregated information such as when you visited our site, how long you stayed, where you went while you were here and if you linked here from another site. Kraftsman aggregates such information to measure the use of our website and to improve its content.

    We may also collect certain information about you, such as your IP (Internet Protocol) addresses, domain name, links you clicked on to reach the website, and information regarding your operating system and browser when you browse the website.

    We may collect Nonpublic personal information from you, only if you provide the information to us voluntarily. The websites provide several opportunities for users to provide personal information about themselves to help us provide our users with better service. For example, we collect information about you when you send us a request for more information about the products, services, and information listed on a Kraftsman website. We may collect financial information when you use any of the tools on our website to help you determine or calculate your mortgage. We also collect information about you when you send an e-mail to our webmaster, so that we may respond to your message. We collect no personally identifying information about you except when you specifically and knowingly provide it.

  3. How we Use and Disclose your Information

    Generally, we do not disclose your Nonpublic personal information to third parties. However, we may disclose aggregated information without your permission. Further, we may use and disclose your information both internally and externally, including without limitation, as described herein.

    We will not sell your information to any other company however, you should be aware that Kraftsman may use this information that you supply about yourself for promotional or marketing purposes.

    We will not disclose any Nonpublic personal information about our current or former customers or consumers to anyone, except as permitted or required by law, or as described below.

    We may disclose all of the information we collect about you to our affiliates and to nonaffiliated third-parties that perform services on our behalf, including, but not limited to, marketing services, or other financial institutions with whom we have joint marketing agreements. If we collect Nonpublic personal information from you to provide third-party financial products and services requested by you, such third-party's use of your personal information will be subject to their privacy policy as disclosed to you by them.

    We sometimes engage third parties, such as contractors, to provide certain operational services to us or on our behalf. We may share your information with those third parties on a "need-to-know" basis. In addition, we may enter into certain marketing relationships with third parties to provide you with a better service. We may share some of your Nonpublic personal information with those parties. However, you are under no obligation to respond to any requests from those third parties.

  4. How you can "Opt-Out," Access, Update, or Delete Your information

    You can see, review and change your information by sending a request to info@kraftsmanplay.com. At any time, you may request us to delete your information by sending us an email at info@kraftsmanplay.com. Although, we will make every effort to delete your information from our databases, and inform third-parties to whom we have provided a link on the website to do the same, we may need to retain your information in our archives and records in order to comply with law, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and other policies, and take other actions otherwise permitted by law.

  5. How We Protect your Information

    We have procedures in place that limit access to Nonpublic personal information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your Nonpublic personal information as required by law. However, such precautions do not guarantee the absolute safety of your data, and Kraftsman makes no guarantees, warranties or representation that your information is protected from viruses and other security attacks. Further, while Kraftsman follows appropriate procedures to ensure that third parties will keep your information secure, Kraftsman cannot make any guarantees with respect to the actions or policies of such third parties.

  6. Links on our Website

    Our privacy policies apply only to your use of the Website. The Website contains links to other sites, including sites on which you will find our logo, or sites for which we are sponsors. We are not responsible for the privacy practices of those sites, even if they bear our logo and name. Links to other sites do not imply an endorsement of the materials or policies on those website. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

  7. How we Protect the Privacy of Children

    The Children's Online Privacy Protection Program took effect on April 21, 2000 and pertains to websites directed towards children under 13 years of age. Kraftsman does not knowingly collect information on any person under 13 years of age. Therefore, if you are under 13 years of age, you may not search our website, or use any of our services. By using the website, you represent that you are not under 13 years of age.

  8. Use of Cookies

    When you visit our websites, Kraftsman places a "cookie" in the browser files of your computer. A "cookie" is a file that tracks what you do on a Kraftsman website. Our "cookie" does not collect any personally identifying information about you. We use the information it collects for administrative purposes and to understand how visitors use our site. The majority of Web browsers accept cookies, but the "help" menu on your browser should give you options for preventing, accepting, or receiving notice of new cookies. However, please be aware that if you block cookies, some website functionality may be lost. You consent to the placement of cookies on your hard drive when you visit the Website.

  9. General

    Users should be aware that Kraftsman has no control over any information that users may disclose to other users of a Kraftsman website. Please notify Kraftsman immediately if you discover that any user of a Kraftsman website is improperly collecting or using personally identifying information of users of the Kraftsman websites.

    We know that online security is a serious matter. At Kraftsman, we consider your online security an important factor of our commitment to overall customer satisfaction. For additional information on your privacy rights concerning data collected by websites, refer to the Federal Trade Commission's How to Protect Your Privacy pamphlet.

    This Privacy Policy will be updated periodically and posted on the website. It applies to the online practices of Kraftsman and its divisions. References to "Kraftsman", "we", "us" and "our" are references to Kraftsman, Inc., and its divisions and affiliates. We reserve the right to change or update this Privacy Policy at any time, without notice, by posting revisions on the website. You agree to review the Privacy Policy each time you use the website so that you are aware of any modifications. By accessing or using the website, you agree to be bound by all of the terms and conditions of this Privacy Policy as posted at the time of your access or use.

    This Privacy Policy is incorporated by reference in and is a part of the Terms of Use agreement. If you have any questions or comments about this Privacy Policy please contact Kraftsman's webmaster at info@kraftsmanplay.com or you can reach us by regular mail at:

    Kraftsman Commercial
    Playgrounds & Water Parks
    19535 Haude Road, Spring,Texas 77388