The Toymaker of Williamsburg: Terms of Use


Toymaker of Williamsburg Exclusives Toy Soldiers Collectibles Favorites Toys By Age Toys By Brand Toys By Category Toymaker of Williamsburg BLOG	Terms of Use Toymaker of Williamsburg reserves the right, at its discretion, to modify, add, or delete provisions of the Terms and Conditions of Use. It is your responsibility to periodically review the Terms and Conditions of Use for such changes. Your continued use of the web site after such changes have been made and posted on the web site indicates your acceptance of such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms and conditions of use. If you have any questions regarding the Terms and Conditions of Use, please contact Toymaker of Williamsburg at: Toymaker of Williamsburg P.O. Box GE Williamsburg, VA 23187 757-229-5660 toymaker@toymakerofwilliamsburg.com Toymaker of Williamsburg last revised its Terms and Conditions of Use on September 30, 2010. PRIVACY POLICY Toymaker of Williamsburg’s policy is to respect the privacy of its users. Please review our Privacy Policy in order to understand our privacy practices. Our Privacy Policy is incorporated by reference into the Terms and Conditions of Use. PROPRIETARY RIGHTS You acknowledge and agree that all content and materials available on this site, including but not limited to text, graphics, icons, and software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, distribute, sell, license, rent, modify, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content and materials available on the Toymaker of Williamsburg’s web site. Systematic retrieval of data or other content from the web site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Toymaker of Williamsburg is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. MEMBER CONDUCT In order to have access to this web site, you must agree that you will not use the Toymaker of Williamsburg web site for any purpose that is unlawful under any applicable local, state, national, and international law and/or regulation or that is strictly prohibited by these Terms and Conditions. By way of example, but not as a limitation, you agree that you will not do the following in reference to the Toymaker of Williamsburg’s web site: provide false, inaccurate or misleading information, including but not limited to misrepresenting your age or personal characteristics; impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity; harm minors in any way; upload, publish, post, or otherwise transmit or disseminate any information which infringes any trademark, trade secret, copyright, or other proprietary right of any party; upload, publish, post, or otherwise transmit or disseminate any materials containing viruses, corrupt files, or any other harmful or damaging programs; harvest, collect or store personal information about other users; interfere with or disrupt the web site and its services in any way which affects the ability of other users to participate or use the web site; use the web site for commercial purposes or resell the web site’s services; download or copy account information for the benefit of other merchants; use data mining, robots, or similar data gathering and extraction tools; and frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Toymaker of Williamsburg without express written consent. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name and/or password. You agree to notify Toymaker of Williamsburg immediately at toymaker@toymakerofwilliamsburg.com about any unauthorized use of your user name or password or any other security breach. CHILDREN Toymaker of Williamsburg sells products for children, but it sells such products to adults, who can purchase such products with a credit card. If you are under 18 years of age, you may use the Toymaker of Williamsburg’s web site only with the involvement of your parent and/or guardian. TERMINATION Toymaker of Williamsburg reserves the right to refuse service, terminate accounts, terminate your user name, password and use of this web site, or cancel orders in its sole discretion. You can terminate your user name, password and account at any time by providing notice to Toymaker of Williamsburg at toymaker@toymakerofwilliamsburg.com. If either you or Toymaker of Williamsburg decides to terminate your use of the web site, the disclaimers and limitations of liability set forth in these Terms and Conditions of Use still survive. RISK OF LOSS All items purchased from Toymaker of Williamsburg are done pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the items to the carrier. PRODUCT DESCRIPTIONS Toymaker of Williamsburg attempts to be as accurate as possible in its description of products on its web site. However, Toymaker of Williamsburg does not represent that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Toymaker of Williamsburg on its web site does not meet the description provided, your sole remedy is to return the item pursuant to the procedures outlined in the Shipping and Return Policy. Improperly priced orders are not Toymaker of Williamsburg’s responsibility, and improperly quoted prices will not be honored. Review our Shipping and Returns Policy and our Safe Shopping Policy in order to understand our shipping, returns, and safe shopping policies. Our Shipping and Returns Policy and the Toymaker Safe Shopping Policy are incorporated by reference into the Terms and Conditions of Use. OTHER BUSINESSES Parties other than Toymaker of Williamsburg may provide services or sell their product lines on this web site. Toymaker of Williamsburg is not responsible for examining or evaluating, and it does not warrant the offerings of any of these services or product lines. Toymaker of Williamsburg does not assume any responsibility or liability for the actions, products, and contents of any third parties. By placing any such information on its web site, Toymaker is not implying any endorsement of such services or product lines. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY TOYMAKER OF WILLIAMSBURG ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOYMAKER OF WILLIAMSBURG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. ANY MATERIAL THAT YOU OBTAIN FROM THE WEB SITE IS DONE AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOYMAKER OF WILLIAMSBURG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOYMAKER OF WILLIAMSBURG DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E?MAIL SENT BY OR FROM TOYMAKER OF WILLIAMSBURG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOYMAKER OF WILLAMSBURG WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICE OR LOSS OF DATA THAT IS CAUSED BY USE OF THIS WEB SITE. TOYMAKER OF WILLIAMSBURG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTIONS OR ASPECTS OF THE WEB SITE OR WITH ITS TERMS AND CONDITIONS OF USE AND OTHER POLICIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEB SITE. INDEMNIFICATION You agree to indemnify and hold Toymaker of Williamsburg, its subsidiaries, officers, directors, agents, and employees harmless from any liability, claim, demand, or damage, including attorneys’ fees, asserted by any third parties due to or arising out of your use of or conduct and behavior related to the Toymaker of Williamsburg’s web site. The Toymaker of Williamsburg reserves the right, at its own expense, to assume the exclusive defense and control of any such matter which would be subject to indemnification by you, and if Toymaker of Williamsburg assumes such responsibility, you are obligated to cooperate with Toymaker of Williamsburg in preparing the matter and in asserting available defenses. NOTICE OF CLAIMS You will be forever barred from bringing any claims, causes of action, or demands arising from the Terms and Conditions of Use or other policies, your use of the web site, or products purchased by you on the web site unless you give notice thereof within sixty (60) days from the event or omission, cause of action or demand. Failure to provide such notice will constitute an absolute bar to such claim, cause of action or demand. RESOLUTION OF DISPUTES Any disputes relating to the Terms and Conditions of Use, the web site, Toymaker of Williamsburg, or products purchased by you on the web site shall be submitted to confidential arbitration in Williamsburg, Virginia. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Provided, however, that at Toymaker of Williamsburg’s own election, it may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia to the extent that any user violates or threatens to violate in any manner the intellectual property rights of Toymaker of Williamsburg. In addition, Toymaker of Williamsburg retains the right to pursue collection of sums due or owing to Toymaker of Williamsburg in any state or federal court in the Commonwealth of Virginia, regardless of when the claims arose or accrued. If Toymaker of Williamsburg elects to seek relief in state or federal court in the Commonwealth of Virginia as permitted in this paragraph, you agree that any such disputes have a substantial connection with the Commonwealth of Virginia, and accordingly the substantive law (and not the conflicts of law principles) of the Commonwealth of Virginia shall apply to such disputes, and the choice of law principles of the Commonwealth of Virginia shall not be utilized to cause the law of another jurisdiction to apply. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CONTROVERSIES ARISING OUT OF THESE TERMS AND CONDITIONS OF USE AND YOUR USE OF THIS WEB SITE.