INTRODUCTION

Welcome to Tavern Gaming Guild, a product of Tavern Gaming Guild, LLC (“Tavern Gaming Guild,” “we,” “us,” or “our”). These Terms of Service and Use (“Terms”) govern your access to and use of the mobile app, web app, and services (collectively, the “Services”) provided by Tavern Gaming Guild. By accessing or using our Services, you agree to comply with and be bound by these Terms. Please read them carefully before using our Services. For the remainder of this document Services and Usage shall refer to the following:

  • SERVICE:
    • Service refers to any functionality, features, or resources provided by Tavern Gaming Guild, LLC through its website, content, or mobile app.
    • It encompasses various interactive elements, functionalities, and utilities offered to users, which may include but are not limited to:
      • Access to gaming platforms, including multiplayer gaming, leaderboards, achievements, and in-game purchases.
      • Provision of community forums, chat functionalities, or social networking features.
      • Access to customer support, including help articles, FAQs, and direct assistance channels.
      • Any additional services or utilities provided by Tavern Gaming Guild, LLC to enhance user experience, such as tutorials, game guides, or promotional offerings.
    • Services provided by Tavern Gaming Guild, LLC are designed to facilitate user engagement, entertainment, and interaction within the gaming ecosystem offered by the company.
  • USAGE:
    • Usage refers to the actions, behaviors, or interactions of users with the services, content, and features offered by Tavern Gaming Guild, LLC through its website, content, or mobile app.
    • It encompasses the various ways in which users engage with and utilize the provided services, including but not limited to:
      • Accessing and navigating through the website, content, or mobile app.
      • Participating in gaming activities, such as playing games, completing levels, or interacting with in-game features.
      • Utilizing communication tools, such as messaging systems, forums, or social networking features.
      • Making purchases, subscriptions, or transactions within the gaming ecosystem.
      • Providing feedback, reviews, or user-generated content related to the services offered.
    • Usage data may be collected and analyzed by Tavern Gaming Guild, LLC to improve user experience, optimize service delivery, personalize content, and tailor marketing efforts.
    • Users are expected to adhere to the terms of service and acceptable use policies outlined by Tavern Gaming Guild, LLC while engaging in usage activities to ensure a safe, fair, and enjoyable experience for all participants.

OWNERSHIP

The Services are operated by Tavern Gaming Guild, LLC, and materials on the Services are owned, for the most part, by Tavern Gaming Guild, LLC. The Services may also include materials owned by third parties and posted on the Services by virtue of a license, grant, or some other form of agreement between the third party and Tavern Gaming Guild, LLC.

ACCEPTANCE OF TERMS

You are only authorized to access the Services or to use the materials contained in the Services if you agree to abide by all applicable laws and to these Terms, which constitute an Agreement between you and Tavern Gaming Guild, LLC. Please read these Terms carefully; if you do not agree with them, you should not access or use the Services.

CHANGES TO TERMS

We reserve the right to modify or amend these Terms at any time without notice. It is important to read these Terms regularly to ensure you are updated as to any changes. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

ACCESS AND USE

All materials contained in the Services are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. Reproduction, duplication, distribution, publication, modification, copying, or transmission of material from the Services is STRICTLY PROHIBITED unless you have obtained prior written consent or unless it is expressly permitted by the Services.

USER CONDUCT

You agree not to use the Services for any unlawful or prohibited purpose or in any manner that could damage, disable, overburden, or impair the Services. You further agree not to engage in conduct that violates the intellectual property or other rights of Tavern Gaming Guild, LLC, or any third party.

EMPLOYMENT OPPOTUNITIES

Tavern Gaming Guild may, from time to time, post employment opportunities on the Services and/or invite users to submit resumes. By submitting your information to Tavern Gaming Guild, you authorize Tavern Gaming Guild to utilize this information for all lawful and legitimate hiring and employment purposes.

LINKED SITES

Tavern Gaming Guild may provide links to other websites, but it does not control or endorse the content or practices of third-party websites. When visiting other websites, you should refer to each such website’s individual terms of use.

DISCLAIMER OF LIABILITY AND WARRANTIES

While Tavern Gaming Guild strives for optimal performance of the Services, you agree that you use the Services at your own risk. The Services, and all materials therein, are provided “as is” without warranties of any kind, either express or implied.

INDEMNITY

You agree to defend, indemnify, and hold harmless Tavern Gaming Guild, LLC, its affiliates, and their respective employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses arising out of your use of the Services or your breach of these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Arizona. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

SALES

“Terms of Sale” refers to the set of conditions, rules, and agreements that govern the purchase and sale of products or services through the marketplace within the Tavern Gaming Guild, LLC mobile app and web store. These terms outline the rights and responsibilities of both the seller (Tavern Gaming Guild, LLC) and the buyer (customers) during the transaction process.

SCOPE AND APPLICATION

These Terms apply to all offers, sales, and purchases of our products (“Products”) or access rights to services we directly provide (“Services”), which occur either (a) through the online store on which we post these Terms, or (b) through any other means through which we engage in the sale of Products and Services. By ordering any Product or Service or by visiting our online store, you signify your acceptance of this agreement. If you do not agree to the usage terms once you see them, do not accept them and contact customer service. You are bound by the version of these Terms in effect on the date of each order you place. These Terms may change from time to time, so please review them upon submission of each order, even if you have reviewed them before. If you reside outside the United States, you acknowledge and agree that personal information collected in connection with your purchase may be stored and maintained in the United States and other countries. All accepted orders are final, non-cancelable, and non-refundable, except as specified in the returns policy applicable to your purchase.

ORDER PLACEMENT AND ACCEPTANCE

We attempt to describe the Products and Services available for purchase as accurately as possible. However, we do not warrant that the prices, selling territory, quotations, anticipated delivery dates, and descriptions made or referred to are accurate, complete, reliable, current, or error-free. The prices, quotations, and descriptions made are subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to our express acceptance of your order. While we make every effort to ensure that items appearing are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item. Our acceptance of your order only occurs at such time that we have both (a) dispatched your Product order and/or provided you with access to Services, and (b) received payment of the purchase price of your order through settlement of funds via your provided credit card or other payment method (“Acceptance”). We may cancel your order at any time and for any lawful reason prior to Acceptance. Please note that any automatic acknowledgment does not constitute a formal acceptance of your order. We may keep records of orders received, acknowledgments, acceptances, and other contract records after Acceptance for a period not to exceed the maximum period permitted by law.

PRICING AND PAYMENT TERMS

Prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. The price for a Product displayed on the product page is applicable solely to residents of the United States. Prices payable for Products or Services are those in effect at the time of Acceptance, unless otherwise expressly agreed. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify and/or authorize credit or debit card payments prior to Acceptance. If you elect to use the services of a third-party payment or billing provider in connection with your purchase from us, your use of such services will be subject to the third-party provider’s own terms and conditions. We are not responsible for, and you agree to hold us harmless from and against any liability resulting from, the acts or omissions of any third-party payment or billing provider.

DELIVERY

We will use all commercially reasonable efforts to deliver Products in a timely manner. For Products delivered electronically, we will deliver such Products by electronic transmission or via download. Delivery timescales/dates specified are estimates only. Delivery shall be to a valid address submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any order acknowledgment or Acceptance we provide and notify us of errors or omissions as soon as possible. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

PRODUCT WARRANTY

Except as set out above and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:

We shall not be liable, and you shall not be entitled to reject Products or Services, except for:

Damage to or loss of Products or any part thereof in transit (where the Products are carried by our transport or by a carrier on our behalf) for which you notify us within 30 working days of your receipt of the Products (if damaged) or 30 working days of the anticipated delivery date of the Products (if lost).

Defects in Products (not being defects caused by any act, neglect, or default on your part) for which you notify us of such defect within 30 days of your receipt of the Products.

We shall not be liable for any damage or losses arising from your negligence, improper use, or use in any manner inconsistent with specifications or instructions.

DIGITAL PRODUCTS

Where any Product supplied is or includes an electronic book, downloadable audiobook, or similar application (collectively “Digital Products”), this Digital Product is subject to the outlined “Usage Rules”:

You shall be authorized to use the Digital Product only for personal, noncommercial use. Digital Products may be stored on your personal computer, eBook reader, tablet, smartphone, and/or other media device that belongs to you. Copying your Digital Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and is strictly prohibited by these Terms.

The delivery of Digital Products and Services does not transfer to you any commercial or promotional use rights in the Digital Products, and we reserve the right to modify the Usage Rules at any time.

Digital Products may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, de-compiled, reverse-engineered, or combined with any other software, save to the extent that (i) this is permitted in the Usage Rules, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.

Digital Products are provided ‘as is’ without any warranties, terms, or conditions as to quality, fitness for purpose, performance, or correspondence with description, and we do not offer any warranties or guarantees in relation to Digital Product installation, configuration, or error/defect correction.

Use of the Digital Products and/or Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Digital Products involves hardware, software, and Internet access, your ability to use the Digital Products may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

WAIVER AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) any Products purchased by you in connection with your use of the Commerce Solution or (b) the violation of Section 8 of these Terms by you, your employees, consultants, agents, distributors, or customers.

NOTICES

Any notice or other communications in relation to these Terms may be given by sending the same by hand delivery, prepaid post, fax, or e-mail (a) with respect to notices and communications to you, to the address and contact information you provided in connection with your purchase of Products and/or Services; and (b) with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law.

AGREEMENT TO ARBITRATE

We will make every reasonable effort to resolve any disagreements that you have with us. In the event that we cannot resolve a disagreement to your satisfaction (or if we cannot informally resolve a concern we may have with you after attempting to do so informally), then you and we agree that disagreements shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate in this Section 9 (“Rules and Procedures”). The AAA’s rules, and a form for initiating arbitration proceedings, are available on the AAA’s site at http://www.adr.org. The language of any dispute resolution procedure or any proceedings will be English. This Section 9 applies to all consumers to the fullest extent allowable by law. The disputes governed by these procedures include without limitation (a) claims arising out of or relating to any aspect of the relationship between you and us; (b) claims that arose out of your use of the Commerce Solution; and (c) claims currently the subject of a purported class action litigation in which you are not a member of a certified class. However, the dispute resolution procedure specifically does not apply to (i) a claim relating to the enforcement or validity of your or our intellectual property rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) claims for which class action litigation can be brought. You and we both agree that each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis.

GOVERNING LAW AND VENUE

Any dispute arising out of or related to these Terms shall be governed by the internal laws of the State of Arizona, without regard to or application of its choice of law rules or conflicts-of-laws principles, except that the Arbitration provision of these Terms shall be governed by the Federal Arbitration Act. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the state of Arizona, county of Yavapai, and both you and us agree to submit to the personal jurisdiction of the courts located within the state of Arizona and county of Yavapai for the purpose of litigating all such claims or disputes.

EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure to send you, or delay in sending you any Product or Service that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes, without limitation, postal strikes, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or any acts, decrees, legislation, regulations, or restrictions of any government or regulatory body. If there is a Force Majeure Event, your order will be suspended whilst the Force Majeure Event continues, and we will have an extension of time to deliver your Product until the Force Majeure Event ends, or you cancel your order.

GENERAL

These Terms set forth the entire understanding between you and us with respect to your use of Products and Services from us and supersede any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom, or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. We may engage the services of subcontractors or agents to assist in the performance of its obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay, or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms is illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect. Neither you nor us shall be in breach of these Terms in the event that the party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.

REFUND AND RETURNS POLICY

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned:

Additional non-returnable items:

  • Gift cards
  • Digital and Downloadable products
  • newspapers or magazines
  • Intimate Apparel or Goods

To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

  • Book with obvious signs of use
  • CD, DVD, software, or vinyl record that has been opened.
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

LATE OR MISSING REFUNDS

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

SALE ITEMS

Only regular priced items may be refunded. Sale items cannot be refunded.

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at {email address} and send your item to: {physical address}.

GIFTS

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

SHIPPING RETURNS

To return your product, you should mail your product to: {physical address}.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

NEED HELP?

If you have any questions about this Sales Policy or the status of your order, please contact us at help@tavern.gg. or in writing at: 

Tavern Gaming Guild
1846 E INNOVATION PARK DR STE 100
ORO VALLEY, AZ 85755 

By accessing or using the Services, you acknowledge that you have read, understood,
and agree to be bound by these Terms of Sale.