GENERAL CONDITIONS OF SALE
OVERVIEW
This websie is onerted by Opennitoys. Throughout the site, the terms “we , “us” and “our” refer to Opennitoys.Opennitoys offers this website, including al inf
ormation, tools and services available from this site to you,the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By wisting this site and/ or purchasing somnething from us, you engge n our “Service” and agree to be bound by the following terms and conidtions (Terms of Serwice”, “Terms of Service”,”Terms”), including those aditional terms and condtions and policies referenced herein andor avilable by hyperirkThese Terms of Service applyto alusers of the site, including without limitation users who are browsers, vendors, customers,merchants, and/ or contributors of content.
Please ead these Terms of Service carefuly before accessing or using our webste.By accessing orusing any part of the site,you agree to be bound by these Terms of Service. If you do not agree to all the terms and condtions of this agreement. then you may not access the website or use any services ifthese Terms of Service are considered an offer,acceptance is expressy limited to these Terms of Service.
Any new features or tools which are added to this store in the future shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any partof these Terms of ervice by posting updates and/or changes to our websio l is your responsibility to check this page periodically for changes.Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ARTICLE1 -CONDITIONS OF USE OF OUR ONLINE STORE
By agreing to thseTerms of Serice,you represent that you are atleast the age of majority in your country state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use ou product for ant ilegal orunauthorized purpose nor may you, in the use of the Service,violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms, viruses or any other code of a destructive nature.Any breach or violation of these Terms of Service will result in immediate termination of your Services.
ARTICLE 2 -GENERAL CONDITIONS
We reserve the right to refuse access to the Services to anyone at any time, for any reason.You understand that your content (ot including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You ageenotoreproduce, duplicate copy sel, rsell n explot any portion of the Service, use of the Senvice, or access to the Service or contact on the website through which the Service is provided, without express prior written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE3-ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are notresponsile if information made available on this ste is not accurate, complete or curent. The material on this site is provided for general nformation
only and should not be relied upon or used as the sole
basis fo making decisions without consuting primery more accurte, more complete or more timely sources of information.Any reliance on the material on this site is at your own risk.
This site may contain certain historical information.Historical information, necessaily is not curent and is provided for your reference only Wereserve therght tmodify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE4-MODIFICATIONSTO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third-party for any modification, price change suspension or discontinuance of the Service.
ARTICLE 5 -PRODUCTS OR SERVICES (if applicable)
Certain products or services may be vailable exclusively onine through our websitc.These products or senvices may have limited quantties and are subject to r
eturn or exchange only according to our Return Policy.
We have made ever effort to display as accurately aspossile the colors and images of our products that apear at the store. we cannot guarantee that your conputer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated,to limit the sales of our products or Services to any person geographic region orjuisdiction.We may exercise this rght on a case-by-case basis. We reserve the right to limit the quanties of any products or senvices that we offr Al desciptions of products or produoct pricing are subject to change at anytime without notice, at the sole disc etion 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 warant tat the quality of any products, sevices information, or other materal purchased or obtained by you ill meet your expectations, or that any erors in the Service will be corrected.
ARTICLE6- ACCURACY OF BILLING AND ACCOUNT INFORMATION
Wereseve the right to refuse any order you place with us. we may in oursolediscretion, linit or cancel quantiries purchased per person,perhousehold or per order
These restrictions may include orders placed by or under the same customer account the same credit card, and/or orders that use the sameblling and or shipping adress. /n the event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail ndor biling address/phone number provided at the time the order was made. e reserve the rightolit or prohitit orders that in oursole judgment, appear to be placed by dealers, resellers or
distributors.
You areeto povdecuret, complete and accuratepurchase and acount iformation fo all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE7 -OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You cknowledige and agree that we proide access to such tools ‘a is’ and as available” without any warranties,representations or conditions of any kind and without any endorsement. Wwe shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Anyuseby you of optioneltcols offered throughthesite is entirely at your ownrisk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We nay ls n thefuture offr nevw services ando featres though our website (including the release of new tools and resources).These new features and services will also be subject to these Terms of Service.
ARTICLE8 -THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Tirhoety li son ths sie may drect yu to third-party webies that are not affliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials, websites, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods services,resources content or any oter trasactions made in conecion with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before you engage in any transaction.Complaints, claims,concens, or questions regat rding third-party products should be directed to the third-party.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
lf at our request you send certain specfic submissions (for example contest entries) or withcut arequest from us you send creative ideas suggestions, proposas, plans, or other materials, whether online, by email, by postal mail, or otherwise(colectively comments ), you age that we may at any time, without restiction, edt copy publish distribute,translate and otherwise use in any medium any comments that you forward to us.
We are and shal be under no obligation(1) to maintain any comments in confidence,(2)to pay compensation for any comments or (3)to respondto anycomm ents.
We may but have no oblgation to, monitor,edit orremove content that we determine in our sole discretion to be unlawful offensive,threatening, abusive,defamatory,pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rght of any third-party including copyight, trademark, privacy personaliy or other personal or proprietary right
You further agree that your comments will not contain
lbelous or otherwise unlawrul abusive or obscene materal or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.You may not use a false e-mail atdress,pretend to be someone oter tan youself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10-PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11-ERRORS, INACCURACIES AND OMISSIONS
Occasionally there nay be nformation on ou site o in the Service that contains typographical erors,inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping
charges,transit times and availability, We reserve the ight to coreot any erors inaccuracies or omissions,and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submittec your order).
We undertake no obligation to update,amend or clarify information in the Service or on an related website,including without limitation,picing information, except as required by law. No specified update or refresh date applied in the Service or on any related websie,should be taken to indicate taht ll information in the Service or on any related website has been modified or updatted.
ARTICLE 12 -PROHIBITED USES
In adition to other prohibtions as set forth in the Tems of Senvice,you are prohibited from using the site or its content (a)for any unlawful pupose(b) to soict others to perform or participate in any unlawful acts; (c)to violate any intermnational federal provincial or state regulations,rules, laws, orlocal ordinances,(d)to nfringe upon or violate our intelectual property rights or the intellectual property rights of others; (e) to harass,abuse insult harm, defame, slander disparage, intimidate, or discriminate based on gender,sexual orentation,reion, ethmicty race,age national origin, or disab bility; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicous code that will or may be used in any way tht will afect the functonality or operation of the Sevice o of any related website, other websites, or the Internet; (h) to cllect or track the personalinformation of others, (i) to spam, phish, pretext, spider craw, or scrape, (j)for any obsceneor immoral purpose, or(k)to nterere with or circumvent the security features of our Service, any related website, other websites,or the lnternet. Ne reserve the right to terminate your use of the Service or any related websie for violating any of the prohited uses.
ARTICLE 13-EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressy agree that you useof or inability ouse,the Serviceis at your sole rsk.The Service and all roducts and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and as arilabe”for your use withcutany epresentaton,waranties or condtions of any kind, either express or implied, including all implied warranties of merchan tability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.Ihno case shal Opennitoys, our directors oficers,employees ailites, agents,contractors, interns suppliers,sevice providers o licensors beliable for any injury loss, claim, or any direct, indirect, incidental,punitive,special or consequential damages of an kind, incucing without limitaton lost profts lost revenue,ost savings,loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) stict liablity or other wise,arisin from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including,but not limited to, any erors oromissions in any content,or any lossor damage of any knd incurred as a result of the useof the sernice or anycontent or product posted, transmitted, or otherwise made available via the service,even if advised of their postbiltya they arise.Because some states orjuisdictons do not allow the exclusion or limitation of liability for consequential
or incidental damages, our liability shall be limited to the
maximum extent permitted by law.
ARTICLE 14-COMPENSATION
You agree to indemnify defend and hold harmless oot Dealer, our parent company subsidiaries afiliates, partners ficers directors, agents,contractors lice sors,service providers,subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable ttorneys’fees,made by any third-party due to of arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 -SEVERABILITY
Iln the evnt that any provision of these Termsof Sernice is determined to be unlawful void o unenforceable, such provision shall onetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceableporion shall bedeened to be severed from theseTerms of Service, such determination shal not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16-TERMINATION
The obligations and liabilites of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Tems of Serice are effective unless and until teminated by ether ou orus. You may teminate these Terms of Service at any time by notfying us that you no longer wish to use our Services, or when you cease using our site.lfin our sole judgment you fal on we suspect that you tave faled, to comply with any tem or provision of these Terms of Service, we also may terminate this agree ment at any time without notice and you will remain
liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17一ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any other policies or operating rules posted byus on this ste orinrespect to the Serice constitute the entire agreenmert and understan ding between you and us and govern your use of the
Servce, supersedingall prior or contemporaneous communications,proposals and agreements, whether oral o writen, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve te rght at our sole dscreton to update,change or replace any part of these
Terms of service by posting updates and changes to our websie. t is your responsibility to check our website periodically for
changes.Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.