Terms of Service
OVERVIEW
This website is operated by Deck and Den LLC, a Wyoming limited liability company doing business as Deck and Den. Throughout the site, the terms "we," "us," and "our" refer to Deck and Den LLC. The terms "you" and "your" refer to the person accessing this website or placing an order.
By visiting our site and/or purchasing from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including any additional terms, conditions, and policies referenced herein or available by hyperlink.
These Terms apply to all users of the site, including browsers, customers, and anyone who contributes content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the website or use any of our services.
Any new features or tools added to our store are also subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to this page. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with an e-commerce platform to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are the age of majority in your state of residence and have given us consent to allow any of your minor dependents to use this site in a supervised capacity.
You may not use our products for any illegal or unauthorized purpose, and you may not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of these Terms will result in immediate termination of your access to the Service.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without express written permission from Deck and Den LLC.
The section headings in these Terms are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make every reasonable effort to ensure the information on this site is accurate and up to date. However, we are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making purchasing decisions.
We reserve the right to modify the contents of this site at any time. You agree it is your responsibility to monitor changes to our site.
Notwithstanding the above, this section does not limit or override our obligations under our Lowest Price Guarantee, which is governed by its own separate terms.
SECTION 4 — MODIFICATIONS TO THE SERVICE 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 of it) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 — PRODUCTS AND SERVICES
Certain products may be available exclusively online through this website. These products may have limited quantities and are subject to return or exchange only in accordance with our Returns & Cancellations Policy.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your monitor or device's display of any color will be perfectly accurate.
We reserve the right — but are not obligated — to limit the sale of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis. We also reserve the right to limit quantities, discontinue any product, or modify product descriptions and pricing at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited by law.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order at our sole discretion. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, or orders using the same billing and/or shipping address.
We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors.
If we make a change to or cancel an order, we will make a reasonable effort to notify you using the contact information provided at the time of purchase.
You agree to provide current, complete, and accurate purchase and account information for all orders placed with us, and to promptly update that information — including your email address and payment details — as needed so we can complete your transactions and contact you.
For full details on cancellations and refunds, please review our Returns & Cancellations Policy.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools over which we have no control or oversight. You acknowledge that we provide access to such tools "as is" and "as available," without any warranties or endorsement. We shall have no liability arising from or relating to your use of any optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should review and accept the terms of the relevant third-party provider before use.
SECTION 8 — THIRD-PARTY LINKS
Certain content or services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with Deck and Den. We are not responsible for examining or evaluating the content, accuracy, or practices of those websites, and we assume no liability for any third-party materials, products, or services.
We are not liable for any harm or damages related to any transaction or interaction made in connection with third-party websites. Please review any third party's policies carefully before engaging in a transaction. Complaints or claims regarding third-party products should be directed to the third party directly.
SECTION 9 — USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you send us feedback, suggestions, ideas, or other materials — whether at our request or on your own — you agree that we may use those submissions for reasonable business purposes, including improving our products, services, and customer experience, with reasonable regard for your privacy. We are under no obligation to maintain submissions in confidence, pay compensation, or respond to them.
We may, but are not obligated to, monitor or remove content that we determine in our sole discretion to be unlawful, offensive, defamatory, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your comments will not violate any third-party rights, contain unlawful or abusive material, or include malicious code. You may not use a false identity or otherwise mislead us or third parties as to the origin of your submissions. You are solely responsible for the accuracy of your comments.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through this site is governed by our Privacy Policy, which is incorporated into these Terms by reference.
SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to update or cancel orders if any information is inaccurate, at any time and without prior notice — including after an order has been submitted.
We have no obligation to update or clarify information on this site except as required by law.
SECTION 12 — PROHIBITED USES
In addition to other prohibitions set out in these Terms, 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 laws or local ordinances;
(d) to infringe upon or violate our intellectual property rights or those 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 malicious code;
(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.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our website or Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Service will be accurate or reliable. The website and Service are provided "as is" and "as available" for your use, without representations or warranties of any kind regarding the website experience, content, or platform functionality.
Nothing in this section limits or disclaims any manufacturer's product warranty provided with goods purchased through this site. All physical products sold by Deck and Den are covered by their respective manufacturer warranties, and nothing in these Terms affects any consumer rights you may have under applicable law that cannot be waived or disclaimed.
In no event shall Deck and Den LLC, its members, managers, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs — whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Deck and Den LLC, its members, managers, officers, employees, agents, contractors, service providers, suppliers, and licensors from any claim or demand — including reasonable attorneys' fees — made by any third party arising out of or relating to your breach of these Terms, your violation of any law, or your violation of the rights of any third party.
SECTION 15 — DISPUTE RESOLUTION
Before pursuing any formal legal remedy, you agree to contact Deck and Den LLC in good faith at info@deckandden.com and allow us a reasonable opportunity — no less than 30 days — to resolve the dispute informally. This does not waive any legal rights; it simply ensures we have a fair chance to make things right before the matter escalates.
If a dispute cannot be resolved informally, you and Deck and Den LLC agree that any claim or dispute arising out of or in connection with these Terms or the Service — except as provided below — shall be resolved through binding arbitration in the State of Wyoming under the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree to waive any right to a jury trial or to participate as a plaintiff or class member in any class action proceeding.
The following are expressly excluded from arbitration and may be brought in any court of competent jurisdiction in the State of Wyoming: (a) claims filed in small claims court, provided they remain in small claims court and are brought only on an individual basis; (b) motions to compel, stay, or confirm arbitration; (c) motions to confirm or vacate an arbitration award; and (d) requests for temporary or preliminary injunctive or equitable relief to prevent irreparable harm pending arbitration. The parties consent to personal jurisdiction and venue in the federal and state courts of the State of Wyoming for any such matters.
SECTION 16 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms. That determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 17 — TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the site.
If, in our sole judgment, you fail to comply — or we suspect that you have failed to comply — with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to the Service or any part thereof.
All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, payment obligations, warranty disclaimers, indemnification, and limitations of liability.
SECTION 18 — ENTIRE AGREEMENT
These Terms, together with our Returns & Cancellations Policy, Shipping & Delivery Policy, Privacy Policy, and Lowest Price Guarantee, constitute the entire agreement between you and Deck and Den LLC and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals — whether oral or written — between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.
SECTION 20 — CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to this page. The most current version of these Terms will always be available at this URL. It is your responsibility to check this page periodically.
Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes. If we make material changes, we will make reasonable efforts to notify you — for example, by updating the date at the top of this page or by sending an email to the address associated with your account.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
Deck and Den LLC
312 W 2nd St, Unit #A838
Casper, WY 82601
Email: info@deckandden.com
Phone: 1-833-283-2233