Welcome to The Wandering Pawn. The thewanderingpawn.com website (the “Website”) and the The Wandering Pawn Rental Service (the “Service”) are owned and operated by delta-vlv, llc (hereinafter referred to as “The Wandering Pawn”, “TWP”, “we”, “our”, or “us”). The terms “you”, “your”, and “customer” are all interchangeable as used in these Terms of Service (and are also interchangeable in their singular and plural formats) and apply to all persons who use the Website and/or Service.
Who we are
The Wandering Pawn is an online rental service and shop. We provide customers with the option to rent and/or purchase our collection of board games (“Board Game”).
Once an order is placed, the items will be delivered based on the customer’s selected delivery option. Customers have the Board Games for an additional 3 full days after delivery day. The Board Games will be picked up 1 day after the 3rd day. Once the item is inspected for damage and/or missing pieces, the deposit is then returned to the customer. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Service.
Purchase without rental
A new Board Game will be delivered to the customer based on the delivery speed that was selected.
Modifications to the service and prices
Products or services
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
If you use the Website or the Service, you represent and warrant that all information you supply to The Wandering Pawn is complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working email address, delivery address, telephone number, current credit card and billing information. We reserve the right to cancel any order at any time (with or without notification to you) in order to protect us from what we believe to be fraudulent activity.
Limitations of Use
You must be 18 years of age or older to use the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The Board Games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver Board Games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your account.
Credit Card Billing
By using the Service, you agree that TWP is permitted to charge your credit card or PayPal account any charges you may incur in connection with your use of the Service. TWP is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. We also reserve the right to change our fees, but we will notify you in advance if we do so.
Delivery and Pick up Policies
Our drivers will make a total of 5 attempts to contact you in your selected time slot. After 5 attempts, it is up to the drivers’ discretion on whether to continue to attempt delivery or pickup. If we fail to deliver your order after the attempts, we will cancel your order. If cancelled, you will be charged !! of the rent cost, and your deposit will be returned, minus the fee.
Our Right to Terminate
We reserve the right to terminate or restrict the use of our Service, without notice, for any or no reason.
TWP is primarily a rental service. We encourage customers to rent and try out the board games before purchasing. As such, we do not accept any return of products after the items are accepted by customers. If the purchased items are damaged or contain missing pieces, you may contact us for an exchange for the same product. The exchange request will be accepted at our discretion, determined by, and not limited to, inspection of returned product and available stock.
From time to time, a board game on the Website may be mispriced. If we discover a mispricing, we will do one of the following: If the correct price is lower than our stated price, we will charge the lower amount; If the correct price is higher than our stated price, we will (at our discretion) either contact you for instructions or cancel your order and notify you of such cancellation.
Federal law limits your liability for unauthorized charges to your account. The Fair Credit Billing Act (FCBA) states that your credit card company (creditor) cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your account. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures.
All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of The Wandering Pawn, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from TWP and any other copyright holder. You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods.
The Wandering Pawn offers synopses, reviews, and instruction manuals pertaining to the games in our library. Under no circumstances shall TWP be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. Some hyperlinks on the Website may lead to other websites that are not owned or controlled by TWP. TWP has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. TWP makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
By using the Service, you agree to receive electronic communications from TWP. These communications may include information about your account, like shipping and receiving confirmation emails, or information related to the Service and features. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
Your Conduct on thewanderingpawn.com Website
By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website; (ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.
User Reviews and Other Content
Visitors may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. TWP reserves the right (but not the obligation) to remove or edit such content. TWP is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose. If you do post content or submit material, and unless we indicate otherwise, you grant The Wandering Pawn and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Wandering Pawn and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (ii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iii) that you will indemnify The Wandering Pawn or its affiliates for all claims resulting from content you supply. The Wandering Pawn has the right but not the obligation to monitor and edit or remove any activity or content. The Wandering Pawn takes no responsibility and assumes no liability for any content posted by you or any third party.
By using the Website and/or Service, you and TWP expressly and irrevocably agree that the U.S. District Court for the Eastern District of Michigan and/or the Washtenaw County, Michigan Court of Common Pleas shall have exclusive jurisdiction over any dispute between you and The Wandering Pawn. You and The Wandering Pawn expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
Safety and Choking Hazard Warnings
The Wandering Pawn Board Games are not to be used by children under ten (10) years of age. If you choose to allow any person under the age of ten to play a Board Game rented through TWP, you do so at your own risk. By using the Service, you understand that the Board Games may contain pieces, balls, plastic bags and/or marbles and may pose a choking hazard to a child if left unattended. You further understand that TWP does not manufacture any of the Board Games, and that an instruction manual for each Board Game is either included with each shipped game or is available online through the manufacturer’s website. The instruction manual will contain age recommendations and warnings regarding safety which you must heed for your personal safety, and the safety of those who may come in contact with the Board Game while it is in your possession. BY USING THE SERVICE, YOU HEREBY WAIVE AND AGREE TO HOLD HARMLESS THE WANDERING PAWN BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY BOARD GAME RENTED FROM TWP.
Limitations of Liability
THE CONTENTS OF THEWANDERINGPAWN.COM WEBSITE, AND THE BOARD GAMES WE DELIVER ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE WANDERING PAWN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
IN NO EVENT SHALL THE WANDERING PAWN BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF ONE OF THE BOARD GAMES SUPPLIED BY TWP, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY BOARD GAMES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL THE WANDERING PAWN, ITS SHAREHOLDERS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY BOARD GAMES. WHILE THE WANDERING PAWN WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER’S PROPERTY IT RECEIVES, THE WANDERING PAWN WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
To Contact The Wandering Pawn
By Mail to:
The Wandering Pawn
4007 Carpenter Rd #184
Ypsilanti, MI 48197
By Email: firstname.lastname@example.org
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
The Wandering Pawn may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Compliance with children’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
The Wandering Pawn
4007 Carpenter Rd #184
Ypsilanti, MI 48197
This document was last updated on 9/29/2018