Last updated: 3/21/24

KING SWINGS
STANDARD TERMS AND CONDITIONS OF SALE

Effective on all Orders placed on or after March 25th, 2024.

1. ACKNOWLEDGEMENT; CONTRACT FORMATION. These Standard Terms and Conditions of Sale (“Terms”) are the only terms which govern the sale of products, goods, materials, or other items (“Products”), and any and all services (“Services”) by, Strasburg Lawn Structures LLC d/b/a King Swings (“King Swings”), for the benefit of itself and/or its affiliates, as set forth on any purchase order or other order for Products or Services placed by the purchaser (“Order”) named on the applicable Order (“Purchaser”). All Orders created or issued by King Swings are unconditionally governed by and subject to these Terms. Notwithstanding anything herein to the contrary, the terms of a signed Order shall prevail over these Terms only to the extent they are inconsistent with the same. The Agreement (as defined herein) otherwise prevails over any other document, and any additional or different terms or conditions appearing in Purchaser’s acceptance, acknowledgement, invoice, or other such document will have no force or effect. By placing an Order and/or making a payment, Purchaser agrees to be bound by these Terms.

2. ORDER. The Order, these Terms, and any Specifications (as defined herein) together comprise the entire agreement between the Parties (collectively, this “Agreement”), and this Agreement supersedes all prior or contemporaneous understandings, agreements negotiations, representations and warranties, and communications, both written and oral. “Specifications” shall mean those specifications that may be set forth in a particular Order and expressly acknowledged and agreed to by King Swings.

3. CHANGES; CANCELLATION; TERMINATION. No change, modification, extension or cancellation of this Agreement shall be effective against King Swings unless it is approved by an authorized representative of King Swings. In the event of termination of this Agreement, King Swings shall not be liable to Purchaser for any amount, and Purchaser shall be liable to King Swings, in addition to any other relief available under these Terms, at law or in equity, for any and all damage sustained by reason of the default that gave rise to the termination.

4. PRODUCTS; SERVICES; RISK OF LOSS. King Swings shall deliver all Products and Services stated on the Order to Purchaser at the site and within a reasonable time of receipt of the Order. All shipping and delivery dates are approximate. Purchaser shall bear all risk of loss, damage, theft and other risks from delivery through Purchaser’s receipt and acceptance of the Product. Except as otherwise expressly set forth in the Agreement, Purchaser shall bear all expenses for delivery of the Products, including (without limitation) shipping, loading, unloading, storage, freight, duties, fees, tariffs, taxes, and insurance.

5. PRICES. Purchaser shall pay in full the price set forth on the applicable Order(s). All quoted prices, extras (including applicable surcharges), and all freight or transportation rates, are subject to change, without notice. All sales are final and King Swings does not offer refunds or returns.

6. PAYMENT. Unless otherwise specifically stated on the Order, or agreed to in writing and signed by King Swings, the terms of payment for each order shall be net cash (U.S. Dollars), due on the day of delivery.. Payment may be made by cash, check (payable to King Swings, subject to a $20.00 charge for returned checks), credit card, or through a Payment Gateway Provider as specified at Kingswingsets.com. All credit card payments are subject to a 3.0% processing fee. The unpaid portion of any amounts due to King Swings shall bear interest at the rate of 2.0% per month, or the maximum legal rate if less.

7. SITE. Purchaser shall ensure the delivery site is prepared and accessible prior to delivery, and shall designate that path to be taken by King Swings vehicles or equipment over or across Purchaser’s property, as necessary and appropriate. In the event the site is not accessible, additional fees will apply. Such fees include, but are not limited to, a fence removal fee of $145, an additional 10% of purchase price for Products that must be built on site, and a $650 return trip fee. All fees are subject to change without notice. King Swings disclaims any liability for, and Purchaser waives any and all claims or causes of action for, any damage caused to Purchaser’s property during or in the course of Product delivery and installation, including without limitation damage to lawn, land, sidewalk or driveway surface caused by King Swings vehicles or equipment.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KING SWINGS’ AGGREAGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES IS LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE APPLICABLE PRODUCT OR SERVICES. IN NO EVENT SHALL KING SWINGS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER KING SWINGS WAS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

9. WARRANTIES. King Swings warrants that the Products are free from material defects and will repair or replace defective Products or portions thereof under the following conditions:

a. This warranty only applies to Products purchased by the Purchaser that are at the original installation address. Any alterations, relocation, or improper installation of the Products will void the warranty;
b. The warranty applies for a period of six years after the date of purchase for vinyl sets (including accessories) and for a period of five years after the date of purchase for wooden sets (including accessories);
c. King Swings reserves the right to request photographs and/or evidence of defective Products, and to recover the Products prior to authorizing any work under the terms of the warranty.
d. If a defect is covered by the manufacturer’s warranty, the manufacturer will repair or replace the defective part, or reimburse Purchaser for such part, within a reasonable period of time.

This warranty does not cover normal wear and tear, failure to properly maintain the Products, damage resulting from the misuse or abuse of the Products, or damage caused by acts of nature, including but not limited to lightning, storms, hurricanes, tornadoes, earthquakes, or other extreme weather conditions.

To the extent permitted by applicable law, King Swings disclaims all other warranties, including the warranties of merchantability and fitness for a particular purpose. Purchaser’s sole and exclusive remedy for defective Product shall be, at King Swings’ option, replacement or repair of the defective Product, or refund of the purchase price of the defective Product.

10. TAXES. Purchaser assumes exclusive liability for any and all taxes, fees, duties, withholdings or like charges, (the “Taxes”). Unless otherwise specified in the Order, the price set forth on an Order includes all applicable Taxes.

11. INDEMNIFICATION. Purchaser agrees to indemnify, defend and hold harmless King Swings, its affiliates and subsidiaries, and their respective officers, directors, employees and agents from and against any and all liability, claims, suits, actions, losses, costs or expenses, including reasonable attorneys’ fees, relating to or arising out of this Agreement, including but not limited to any non-warranty claim or demand which Purchaser’s customers or any other person, whether or not in privity to Purchaser, may make against King Swings based upon or arising from the purchase, sale, or use of Product, or from any patent or hidden defects in the quality of Product or the dangerous condition thereof, regardless of the legal theory asserted or if brought pursuant to a class action statute.

12. COMPLIANCE WITH LAWS. Purchaser shall comply with all federal, state and local laws, ordinances, and codes at all times, including identifying and procuring required permits, certificates, approvals and inspections.

13. FORCE MAJEURE. King Swings shall not be liable to Purchaser for any delay or failure in performing its obligations under this Agreement to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of King Swings (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God, government restrictions, floods, fire, hurricanes, earthquakes, explosion, epidemic, pandemic, war, invasion, hostilities, terrorist acts, riots, strike, embargoes, or industrial disturbances. In the event of any such delay or failure, King Swings may, at its option, extend the delivery time or cancel the order, in whole or in part. In the event King Swings is unable to supply the total requirements of its customers, King Swings may allocate its available supply among customers in a manner determined by King Swings to be fair and equitable.

14. GOVERNING LAW. This Agreement shall be governed in all respect by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principals, and all actions commenced pursuant hereto shall be brought exclusively in a court of competent jurisdiction Lancaster County, Pennsylvania, or in federal court in the Eastern District of Pennsylvania.

15. FEES; COSTS. Each party shall pay all costs, including reasonable legal fees, incurred by the other in any successful enforcement of this Agreement or collection of any sums due such party by the other under this Agreement, whether or not official legal action is instituted.

16. CLAIMS. Notwithstanding any provision to the contrary, Purchaser agrees to bring any claim or dispute against King Swings within one (1) year after the occurrence of the event giving rise to such dispute or waive such claim.

17. USE OF PRODUCTS. The Products are intended for recreational use and adult supervision is recommended. Purchaser will be responsible for any and all damages resulting from the use of King Swings’ Products, and hereby waives any and all claims or causes of action against King Swings for the same.

18. SEVERABILITY; CONSTRUCTION. If any section, paragraph, sentence, clause, phrase or any part of this Agreement is declared to be illegal or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect. The headings contained in these Terms are for convenience of reference only and are not intended to have any substantive significance in interpreting this document.

19. MISCELLANEOUS. The rights and remedies under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

General Terms and Conditions Regarding Website

The following Terms & Conditions are entered into by and between You and King Swings (Strasburg Lawn Structures, LLC)  (“Company”, “us”, “we”, or “our”) which owns and operates https://kingswingsets.com/  (the “Site”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site, including any content, product, functionality and services offered or purchased on or through the Site.

Please read these Terms and Conditions carefully before you start using the Site.

By visiting and using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.

This Site is intended for individuals who are 18 years of age or older.

By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

CONTENT

All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by King Swings (Strasburg Lawn Structures, LLC) with the exception of the content you submit to us set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.

The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: [email protected]

You may provide links to our Site as long as

a.      you clearly give credit to us as the author,

b.      include a hyperlink to our Site,

c.      you do not remove or obscure any portion of our Site by framing or otherwise,

d.      your website does not engage in illegal or pornographic activities, and

e.      provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

You must not provide links from any website that is not owned by you.

You must cease providing links to our Site immediately upon our request.

 

RELIANCE ON CONTENT

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Please refer to our Disclaimers for further information.

Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.

 

CONTENT YOU SUBMIT TO US

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that

  • the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
  • the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
  • the content you submit to us does not result in a breach of contract between you and a third party,
  • the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

 

NO WARRANTIES

We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You expressly acknowledge and agree that our company its directors, employees, or agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

 

COMMENTS

When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.

For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment on our Site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Your comment may be checked through an automated spam detection service.

You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms & Conditions.

 

PRIVACY POLICY

While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address.

We process information about you in accordance with our Privacy Policy.

By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

LINKS TO THIRD PARTY SITES AND SERVICES

This Site may from time to time contain links to third-party sites and services.

We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.

We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

 

EMBEDDED CONTENT FROM OTHER SITES

Content on this Site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

 

INTELLECTUAL PROPERTY

The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.

When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:

  • modify, copy, reproduce or sell the materials;
  • use the materials for any commercial purpose;
  • decompile or reverse engineer;
  • remove any copyright or other proprietary notations from the materials;
  • transfer the materials to another person;
  • create derivative works based upon the materials;
  • offer any competing products based upon the materials.

 

CONFIDENTIALITY

You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

 

GOVERNING LAW

These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of the State of  Pennsylvania and the United States Of America.

 

MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER

FOR WEBSITE TERMS & CONDITIONS

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Strasburg, Pennsylvania. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Pennsylvania. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms & Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.

 

AMENDMENTS

We reserve the right to revise these Terms & Conditions at any time by amending this page.

All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.

If you do not agree with the changes to these Terms & Conditions, you can choose to discontinue the use of our Site.

 

ENTIRE AGREEMENT; MODIFICATION

These Terms & Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.

No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing, or in any manner other than upon written notice.

 

COUNTERPARTS

These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms & Conditions.

 

ASSIGNMENT

Neither these Terms & Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

 

SEVERABILITY

Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such conditions, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.

 

NO WAIVER

The failure to exercise any right, power or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

 

HEADINGS AND CAPTIONS

The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.

 

FORCE MAJEURE

Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

 

TERMINATION

We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.

 

Free Delivery Coupon for Price Increase

Free delivery coupon is available in NY, NJ, DE, MD, and PA on new orders placed between Dec. 27, 2023, and February 2, 2024. The coupon is only valid on orders that are delivered on standard lead times.

Breeo®️ Y Series Smokeless Fire Pit Promotion Terms and Conditions

Breeo Y Series Gift With Purchase Promotion: This is a limited-time offer valid between 10/9/23-10/31/23. To redeem the offer, the customer must purchase a new swing set to receive the Breeo Y Series Smokeless Fire Pit. Bargain Corner Swing Sets do not apply.  Delivery and installation coupons can be combined with the promotion. Must accept delivery of the swing set on our standard lead times.  Not valid on orders placed before 10/9/23. 

The Breeo Y Series Fire Pit will be shipped directly to the customer within a week of the King Swings Set being delivered, installed, and paid in full. Promotion includes the fire pit cost, shipping fees, and applicable taxes. Please refer to Breeo’s FAQ’s on the safe use of firepits.  By agreeing to receive the Breeo Y Series Gift With Purchase, King Swings is not liable for any issues that may arise with the use of the product.