Lone Star Poker Tables User Agreement and Terms and Conditions of Sale

THE FOLLOWING DESCRIBES THE TERMS ON WHICH LONE STAR POKER TABLES OFFERS YOU ACCESS TO OUR SERVICES:

This User Agreement (“Agreement”) is a contract between you and Lone Star Poker Tables LLC and applies to your use of the Lone Star Poker Tables website, the website of any subsidiaries of Lone Star Poker Tables, and the purchase of any related products and services available through www.lonestarpokertables.com and/or www.lonestarpokercloth.com (collectively the “Service” or “Services”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

In this Agreement, “you” or “your” means any person or entity using the Service (“Users” and/or “Buyers”). Unless otherwise stated, “Lone Star Poker Tables,” “we” "us" or “our” will refer collectively to Lone Star Poker Tables LLC, its parent(s), subsidiaries, affiliates, officers, directors and employees, as appropriate.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use the services of Lone Star Poker Tables. We strongly recommend that, as you read this Agreement, you also access and read the information contained in any other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of our Services will be governed by the terms and conditions posted herein. You are encouraged to continually review this Agreement to stay abreast of any changes.

This Agreement was last modified on April 30, 2006.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective immediately upon posting on our site.

1. Contact Info
Please feel free to contact us at info@lonestarpokertables.com or at (469) 235-6790.

2. Payment Methods
We prefer payment via PayPal using the major credit card of your choice but can also accept payment via Cashier’s Check, Money Order, or cash. All of the terms and conditions imposed by PayPal are hereby incorporated herein.

3. Shipping Policy
We typically ship out using standard ground freight services, but we will try to accommodate most requests for expedited shipping for an additional fee. As applicable, we will provide you with a tracking number once the product is shipped to you. Currently, we restrict our shipments to the U.S. and Canada due to the high cost of international shipment, but we are willing to work with you if you are an international customer, so please contact us at info@lonestarpokertables.com.

Because our custom poker tables are individually crafted for each customer, it is impossible to give one universal statement in regard to when your table will be done and ready for shipment, delivery, or pickup. Our tables typically take 6-8 weeks to complete and prepare for shipment or delivery, but that time frame may be longer or shorter, depending on the table. We may commit to a definite delivery or shipment date on a customer-by-customer basis.

4. Shipping Protection Policy
It is your responsibility to protect yourself from accepting damaged merchandise. Before signing the delivery receipt, you have the right and responsibility to do the following:

◦ Visually inspect all cartons or crates for holes, tears, and other indications of rough handling.

◦ Fully remove merchandise from cartons and visually inspect it for any damage, no matter how minor. Pay particular attention to any areas that correspond to damage appearing on the carton.

◦ If there is any damage, you are not obligated to take delivery and have the right to refuse delivery. If you do so, you must immediately email us at sales@lonestarpokertables.com to notify us of this refusal of delivery.

◦ If you accept delivery, you are responsible for all damages, whether or not the damage was noticed at the time of delivery. Your signature on the delivery receipt, or the signature of your normally authorized representative, indicates that you have accepted the merchandise in “good order.”

5. No Warranties, No Returns
We take great pride in the product that we sell – custom poker tables – but because these products are all highly-customized by and for each of our individual customers, we regret that we cannot offer any refunds or returns once the customer has given final approval to the table specifications. All sales are final.

WE, OUR PARENT(S), SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS,” "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

6. Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT(S), SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OUR PRODUCT(S) OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT(S), SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00.

7. Indemnification
You agree to indemnify and hold Lone Star Poker Tables, its parent(s), subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees and court costs) made or incurred by you or any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

8. Product Legality
The laws that determine the legality of the products offered on this website are as various as the states and the cities from which our customers place their orders. It is your responsibility to determine which products are legal in your jurisdiction. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

9. Restricted Activities
“Your Information” is defined as any information you provide to us or other users in the registration, ordering, purchase, & payment processes, or other features of our Service. You are solely responsible for Your Information.

By your use of the Service, you certify that Your Information, including any information and/or custom images that you provide to us, does not and shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers.

10. License
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, including images of any Product(s) that you order from us, in any media now known or not currently known, with respect to Your Information. We will use and protect Your Information in accordance with our stated Privacy Policy above.

11. Legal Disputes
In the event a dispute arises between you and Lone Star Poker Tables, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Lone Star Poker Tables agree that any controversy or claim at law or equity that arises out of this Agreement or Lone Star Poker Tables' services (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Lone Star Poker Tables strongly encourages users first to contact Lone Star Poker Tables directly to seek a resolution. Lone Star Poker Tables will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

11.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or Lone Star Poker Tables may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.2 Jurisdiction & Venue. Alternatively, any Claims may be adjudicated by a court of competent jurisdiction located in Dallas County, Texas. You and Lone Star Poker Tables agree to submit to the personal jurisdiction of the courts located within the county of Dallas, Texas, USA.

11.3 Alternative Dispute Resolution. Lone Star Poker Tables will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Dallas County, Texas or another location mutually agreed upon by the parties.

11.4 Violations of Section 9. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys’ fees and costs up to $100,000.00 (U.S. dollars), provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

12. General
This Agreement is governed by and interpreted under the laws of the state of Texas, U.S. as such laws are applied to agreements entered into and to be performed entirely within Texas by Texas residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern this section 12, to the extent that the FAA is inconsistent with Texas law. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Lone Star Poker Tables, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof.