WEB SITE TERMS AND CONDITIONS; ADDITIONALLY, TERMS AND CONDITIONS FOR THE PURCHASE OF ZUNKER PRODUCTS 1. TERMS BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE WEB SITE TERMS AND CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE. THE MATERIALS CONTAINED IN THIS WEB SITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADE MARK LAW. 2. USE LICENSE PERMISSION IS GRANTED TO TEMPORARILY DOWNLOAD ONE COPY OF THE MATERIALS (INFORMATION OR SOFTWARE) ON ZUNKER GAMES'S WEB SITE FOR PERSONAL, NON-COMMERCIAL TRANSITORY VIEWING ONLY. THIS IS THE GRANT OF A LICENSE, NOT A TRANSFER OF TITLE, AND UNDER THIS LICENSE YOU MAY NOT: MODIFY OR COPY THE MATERIALS; USE THE MATERIALS FOR ANY COMMERCIAL PURPOSE, OR FOR ANY PUBLIC DISPLAY (COMMERCIAL OR NON-COMMERCIAL); ATTEMPT TO DECOMPILE OR REVERSE ENGINEER ANY SOFTWARE CONTAINED ON ZUNKER GAMES'S WEB SITE; REMOVE ANY COPYRIGHT OR OTHER PROPRIETARY NOTATIONS FROM THE MATERIALS; OR TRANSFER THE MATERIALS TO ANOTHER PERSON OR "MIRROR" THE MATERIALS ON ANY OTHER SERVER. THIS LICENSE SHALL AUTOMATICALLY TERMINATE IF YOU VIOLATE ANY OF THESE RESTRICTIONS AND MAY BE TERMINATED BY ZUNKER GAMES AT ANY TIME. UPON TERMINATING YOUR VIEWING OF THESE MATERIALS OR UPON THE TERMINATION OF THIS LICENSE, YOU MUST DESTROY ANY DOWNLOADED MATERIALS IN YOUR POSSESSION WHETHER IN ELECTRONIC OR PRINTED FORMAT. 3. DISCLAIMER THE MATERIALS ON ZUNKER GAMES'S WEB SITE ARE PROVIDED "AS IS". ZUNKER GAMES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ZUNKER GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. 4. LIMITATIONS IN NO EVENT SHALL ZUNKER GAMES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON ZUNKER GAMES'S INTERNET SITE, EVEN IF ZUNKER GAMES OR A ZUNKER GAMES AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. 5. REVISIONS AND ERRATA THE MATERIALS APPEARING ON ZUNKER GAMES'S WEB SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. ZUNKER GAMES DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT. ZUNKER GAMES MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS WEB SITE AT ANY TIME WITHOUT NOTICE. ZUNKER GAMES DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS. 6. SITE TERMS OF USE MODIFICATIONS ZUNKER GAMES MAY REVISE THESE TERMS OF USE FOR ITS WEB SITE AT ANY TIME WITHOUT NOTICE. BY USING THIS WEB SITE YOU ARE AGREEING TO BE BOUND BY THE THEN CURRENT VERSION OF THESE TERMS AND CONDITIONS OF USE. 7. GOVERNING LAW ANY CLAIM RELATING TO ZUNKER GAMES'S WEB SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. 8. PAYMENT TERMS TERMS OF PAYMENT ARE DUE AND PAYABLE IN US CURRENCY WITHIN ZUNKER GAMES'S SOLE DISCRETION UNLESS OTHERWISE AGREED TO IN WRITING BY ZUNKER GAMES. PAYMENT FOR PRODUCTS AND SERVICES MUST BE MADE BY APPROVED CREDIT CARD, WIRE TRANSFER, ELECTRONIC FUNDS TRANSFER OR SOME OTHER PREARRANGED PAYMENT METHOD AGREED TO BY ZUNKER GAMES PRIOR TO ZUNKER GAMES'S ACCEPTANCE OF AN ORDER AND PAYMENT IS EXPECTED BY DUE OR PAYMENT DATE(S). CUSTOMER AGREES TO PAY PAST DUE INVOICES WITH ANY CARRYING CHARGES, INTEREST, COLLECTION FEES, AND ALL OTHER EXPENSE INVOLVED IN RESOLVING ANY PAST DUE ACCOUNT. ALL REFERENCES TO MONETARY AMOUNTS, INCLUDING PRICES ON THE ZUNKER GAMES WEBSITE SHALL BE IN U.S. CURRENCY. TITLE TO GOODS BEING PURCHASED IS RETAINED BY THE SELLER UNTIL THE GOODS ARE PAID IN FULL BY THE PURCHASER AND AT THAT TIME TITLE PASSES FROM ZUNKER GAMES TO CUSTOMER. CUSTOMER'S CREDIT ACCOUNT MAY CHANGE AT ANY TIME AND REQUIRE FULL OR PARTIAL PAYMENT OF ACCOUNT AND/OR PAYMENT IN ADVANCE OF ANY SERVICES. 9. TAXES CUSTOMER IS RESPONSIBLE FOR ALL SALES, USE, EXCISE, VALUE-ADDED AND OTHER CHARGES ASSOCIATED WITH THE ORDER OR SERVICES, HOWEVER DESIGNATED, INCLUDING ANY DUTIES, CLEARANCE CHARGES OR OTHER DESTINATION CHARGES OR TAXES. TAXES ARE NOT INCLUDED IN PRICES GIVEN UNLESS SO INDICATED IN WRITING WITH THE PRICES. IF APPLICABLE, A SEPARATE CHARGE FOR SUCH ITEMS WILL BE SHOWN ON THE ZUNKER GAMES INVOICE. 10. SHIPPING SHIPPING AND DELIVERY DATES ARE ESTIMATES ONLY, AND IN NO EVENT SHALL ZUNKER GAMES BE LIABLE FOR ANY DELAYS OR ASSUME ANY LIABILITY IN CONNECTION WITH SHIPMENTS. CUSTOMER IS RESPONSIBLE FOR ALL COSTS OF SHIPPING OR DELIVERY CHARGES OF THE PRODUCT(S) OR SERVICES TO THE LOCATION SPECIFIED BY CUSTOMER. WHERE APPLICABLE, SEPARATE CHARGES FOR SHIPPING AND HANDLING WILL BE SHOWN ON THE ZUNKER GAMES INVOICE(S). SHIPPING RATES ARE FOR STANDARD PICK-UP AND DELIVERY ONLY AND DO NOT INCLUDE ANY EXTRA SERVICES OR SPECIAL HANDLING. IF A SHIPPING RATE IS QUOTED AT AN INCORRECT RATE DUE TO TYPOGRAPHICAL ERROR OR ERROR IN PRICING INFORMATION RECEIVED FROM ZUNKER GAMES'S SUPPLIERS OR CARRIERS, ZUNKER GAMES SHALL HAVE THE RIGHT TO REFUSE, ADJUST OR CANCEL ANY ORDERS PLACED WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND WHETHER OR NOT PAYMENT HAS BEEN REMITTED. CUSTOMER IS RESPONSIBLE TO INSPECT FREIGHT FOR SHORTAGES OR SIGNS OF DAMAGE UPON RECEIPT OF GOODS. ALL FREIGHT, LOSS, AND DAMAGE CLAIMS MUST BE FILED WITH ZUNKER GAMES AND WITH THE CARRIER WITHIN TEN (10) DAYS OR WITH CARRIER'S TIME LIMIT FROM THE DATE THE SHIPMENT WAS DELIVERED. ZUNKER GAMES SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES ARISING OUT OF OR CAUSED BY: 1) DELAY 2) ACTS OF GOD OR THE PUBLIC ENEMY. 3) THE AUTHORITY OF THE LAW. 4) STRIKES, RIOTS OR QUARANTINE. 5) THE INHERENT NATURE OR VICE OF THE GOODS TRANSPORTED. 6) LOSS OR DAMAGE TO PRODUCTS THAT OCCURRED DURING SHIPPING BY A CARRIER SELECTED BY CUSTOMER IS THE RESPONSIBILITY OF THE CUSTOMER AND ITS CARRIER. 11. RETURN AND EXCHANGE POLICY ALL SALES ARE FINAL. PRIOR TO SIGNING FOR RECEIPT OF GOODS, IT IS THE CUSTOMER'S RESPONSIBILITY TO INSPECT THE PRODUCT PACKAGING FOR ANY INDICATION THAT DAMAGE TO THE PRODUCT MAY HAVE OCCURRED IN TRANSIT. FAILURE TO DO SO CAN VOID ANY DAMAGE CLAIMS. 12. PRIVACY POLICY YOUR PRIVACY IS VERY IMPORTANT TO US. ACCORDINGLY, WE HAVE DEVELOPED THIS POLICY IN ORDER FOR YOU TO UNDERSTAND HOW WE COLLECT, USE, COMMUNICATE AND DISCLOSE AND MAKE USE OF PERSONAL INFORMATION. THE FOLLOWING OUTLINES OUR PRIVACY POLICY. BEFORE OR AT THE TIME OF COLLECTING PERSONAL INFORMATION, WE WILL IDENTIFY THE PURPOSES FOR WHICH INFORMATION IS BEING COLLECTED. WE WILL COLLECT AND USE OF PERSONAL INFORMATION SOLELY WITH THE OBJECTIVE OF FULFILLING THOSE PURPOSES SPECIFIED BY US AND FOR OTHER COMPATIBLE PURPOSES, UNLESS WE OBTAIN THE CONSENT OF THE INDIVIDUAL CONCERNED OR AS REQUIRED BY LAW. WE WILL ONLY RETAIN PERSONAL INFORMATION AS LONG AS NECESSARY FOR THE FULFILLMENT OF THOSE PURPOSES. WE WILL COLLECT PERSONAL INFORMATION BY LAWFUL AND FAIR MEANS AND, WHERE APPROPRIATE, WITH THE KNOWLEDGE OR CONSENT OF THE INDIVIDUAL CONCERNED. PERSONAL DATA SHOULD BE RELEVANT TO THE PURPOSES FOR WHICH IT IS TO BE USED, AND, TO THE EXTENT NECESSARY FOR THOSE PURPOSES, SHOULD BE ACCURATE, COMPLETE, AND UP-TO-DATE. WE WILL PROTECT PERSONAL INFORMATION BY REASONABLE SECURITY SAFEGUARDS AGAINST LOSS OR THEFT, AS WELL AS UNAUTHORIZED ACCESS, DISCLOSURE, COPYING, USE OR MODIFICATION. WE WILL MAKE READILY AVAILABLE TO CUSTOMERS INFORMATION ABOUT OUR POLICIES AND PRACTICES RELATING TO THE MANAGEMENT OF PERSONAL INFORMATION. WE ARE COMMITTED TO CONDUCTING OUR BUSINESS IN ACCORDANCE WITH THESE PRINCIPLES IN ORDER TO ENSURE THAT THE CONFIDENTIALITY OF PERSONAL INFORMATION IS PROTECTED AND MAINTAINED. 13. HEADINGS THE SECTION HEADINGS USED HEREIN ARE FOR CONVENIENCE OF REFERENCE ONLY AND DO NOT FORM A PART OF THESE TERMS AND CONDITIONS, AND NO CONSTRUCTION OR INFERENCE SHALL BE DERIVED THERE FROM. 14. MISCELLANEOUS THESE TERMS SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES, THEIR SUCCESSORS AND ASSIGNS.

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