Terms and Conditions of Use Agreement
Welcome to the New Pitching Mound, LLC (NPM) website. NPM requests that you carefully read the Terms and Conditions that apply to your purchase of the New Pitching Mound and/or your use of this NPM site. NPM provides the New Pitching Mound (Product) to you subject to the following Terms and Conditions. By purchasing the New Pitching Mound and/or using this NPM website, you agree to follow and be bound by these Terms and Conditions.

Copyright
All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of NPM and is protected by U.S. and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of NPM and is protected by U.S. and International copyright laws. NPM grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and/or software on this site is strictly prohibited.

Shipping & Acceptance of Orders
Most orders will ship out UPS Ground shipping. Standard ground delivery times normally take from 3 to 5 business days from pickup. Shipping costs are generally $135.00 individual/$185.00 School per Mound anywhere in the Continental United States; however, costs to purchaser will increase for shipping to Alaska, Hawaii, Puerto Rico, and the Virgin Islands or due to other factors of which you will be notified. On orders of 6 or more Mounds, purchaser will need to contact NPM for exact shipping costs. On International orders additional shipping charges may also apply. Make sure you provide a phone number or email address with your order. All International orders are subject to customs, duties, and taxes that are imposed by your country.

Receiving an order acknowledgement via e-mail does not guarantee the acceptance of an order. NewPitchingMound, LLC reserves the right to limit the quantity of products ordered and/or refuse to sell the product. All products purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such products actually pass to purchaser upon NPM's delivery to the carrier. We are not responsible for damage or loss in transit. Merchandise received by purchaser should be carefully checked against the freight bill to be sure all items have been delivered. Claims for shortages or merchandise damaged in transit signed by the carrier's agent noting shortage or damage in case of concealed damage an inspection report by the carrier's agent must also be included. ANY FREIGHT SHIPMENTS THAT ARE RECEIVED DAMAGED MUST BE SIGNED FOR AS DAMAGED ON THE ORIGINAL BILL OF LADING IN THE PRESENCE OF THE FREIGHT CARRIER'S DRIVER OR CLAIMS WILL BE REJECTED. Damages or shortages must be claimed in writing within 10 days after receipt of merchandise. Only written claims are acceptable and may be made via mail, fax or by e-mail at NEWPITCHINGMOUND@AOL.COM.

Disclaimer
PURCHASER AND PURCHASER'S USERS SHALL ASSUME THE RISK OF USING THE NEW PITCHING MOUND PRODUCT AND/OR THE USE OF THIS WEBSITE. PURCHASER AND PURCHASER'S USERS FULLY ACCEPT SUCH RESPONSIBILITY AND RELEASES FROM LIABILITY NEW PITCHING MOUND, LLC AND ITS OWNERS, AGENTS, AND AFFILIATES FOR ANY AND ALL PERSONAL INJURIES, DEATHS, LOSSES, COSTS, AND DAMAGES INCURRED AS A RESULT OF THE OWNERSHIP, USE OR OPERATION OF THE NEW PITCHING MOUND PRODUCT OR FROM THE USE OF THIS WEBSITE AND AGREES TO INDEMNIFY AND HOLD HARMLESS NEW PITCHING MOUND, LLC AND ITS OWNERS, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION, DAMAGE, LAWSUITS, JUDGMENTS, INCLUDING ATTORNEY FEES AND COSTS. NPM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. SOME PRESSURE-TREATED PLYWOOD MAY CONTAIN TOXIC CHEMICALS OR CARCINOGENS THAT MIGRATE OR BECOME DISLODGED. NPM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM THE USE OF THE NEW PITCHING MOUND PRODUCT. BY PLACING AN ORDER PURCHASER ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE, TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE (AGE 18 OR OLDER) TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS.

Jurisdiction & General Provisions
Purchaser agrees that this agreement and your use of this Site and the purchase of the New Pitching Mound Product (Product) are governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Houston, Texas, USA in all disputes (a) arising out of, relating to, or concerning this Site, Product, and/or this agreement, (b) in which this Site, Product and/or this agreement is an issue or a material fact, or (c) in which this Site, Product and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Purchaser agrees that the complete sale and/or purchase of the New Pitching Mound product from NPM and/or use of this web-site are in the exclusive jurisdiction of Harris County, Texas. Use of this Site or product is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site.

Payment
We accept Visa, MasterCard, American Express or Discover. We also accept Paypal, Personal Checks, Money Orders & Business Checks for all private organizations & individuals. If your check is returned, it may be collected electronically and you will be assessed a processing fee as allowed by law. Check writer is also responsible for all other check recovery costs, including all attorney fees, court costs and taxes.
We accept School purchase orders when signed by an authorized purchasing agent for the school district and include the shipping and billing address along with the phone number for your district's purchasing agent and accounts payable department.

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