Effective January 2012.
Our policy in brief: We respect your privacy and will never sell, rent, loan, or disclose specific information about you that could be used by a third party for their commercial gain. We will not disclose your e-mail address to a third party without your permission.
Our Commitment To Privacy: Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Way We Use Information: We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive, notify customers of problems with their orders, send tracking information, and send periodic updates on specials and new product announcements. Such addresses are not used for any other purpose and are not shared with outside parties. You may also register with our website if you would like to receive our updates on our new products and specials. We use non-identifying and aggregate information to better design our website and to share with advertisers. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
TERMS AND CONDITIONS OF USE
Access to this site, www.gottatoy.com (the “Site”), is granted by Values And More, Inc. d/b/a gottatoy.com (“Gotta Toy!”), subject to the following terms and conditions.
1. Copyrights. All Site design, text, graphics, pictures, the selection and
arrangement thereof, and all software (collectively, “Copyrighted Material”) are
owned exclusively by Gotta Toy!. Gotta Toy! grants you a non-exclusive,
revocable license to view, electronically copy and print portions of the Site
for the sole purpose of placing an order with Gotta Toy! or using the Site as a
shopping resource. Any other use of materials on the Site, including
reproduction, modification, distribution, or republication, without the prior
written permission of Gotta Toy!, is strictly prohibited.
2. Trademarks. gottatoy.com, the gottatoy.com design, and all titles, graphics and icons on the Site (collectively, the “Trademarks”) are owned exclusively by Gotta Toy!. All unauthorized use of the Trademarks is strictly prohibited. All copying or imitation of the design and layout of the Site is strictly prohibited. All other trademarks, product names and company names or logos herein are the property of their respective owners.
3. Use. You may only access and use the Site for your own non-commercial, informational, and personal use. You are strictly prohibited from making any public or commercial use of the material contained on the Site, including without limitation all Copyrighted Material, Trademarks, and pricing information, without the written permission of Gotta Toy!.
4. Links to Other Sites. As a convenience to Gotta Toy! users, the Site may contain links to web sites maintained by third parties. These web sites are not under the control of Gotta Toy!, and Gotta Toy! is not responsible for any material on, or privacy practices of, such web sites.
5. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS IS," AND Gotta Toy! AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. Gotta Toy! DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No warranty is given that access to any information or materials on the Site, or this Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Site or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. Gotta Toy! may change the programs or products mentioned at any time without notice.
6. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, Gotta Toy! EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF Gotta Toy! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
8. Revisions to Terms and Conditions. Gotta Toy! may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If Gotta Toy! makes a request to you to stop using and/or to promptly return or destroy any copies of the materials displayed on the Site, you will comply immediately with this request and will confirm in writing to Gotta Toy! within ten (10) days that you have done so.
CONDITIONS OF SALE
PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS
SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN Gotta Toy! AND YOU (THE
"CUSTOMER") FOR THE SALE OF PRODUCTS BY Gotta Toy! TO YOU. BY ORDERING
PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Products. Gotta Toy! may revise or discontinue products at any time. Gotta Toy! reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and/or refuse service to anyone.
2. Orders; Payment; No Resale. Orders are subject to acceptance by Gotta Toy!. Payment must be received by Gotta Toy! prior to Gotta Toy's acceptance of an order and must be made by credit card or other prearranged payment method. Customer will pay interest on all past-due sums at the highest rate allowed by law.
3. Taxes. Customer is responsible for all applicable taxes that may be levied on the sale of Gotta Toy! products, including without limitation, duties, customs, sales, and withholding taxes. Customer is not responsible for Gotta Toy’s franchise taxes or taxes on Gotta Toy's income. If applicable, a separate charge for taxes will be shown on Customer’s invoice.
4. Shipping. Customer is responsible for all shipping and handling charges. A separate charge for shipping and handling will be shown on Customer’s invoice. Gotta Toy will provide a refund for damaged items in accordance with its refund policies.
5. Exchanges. From time to time, Gotta Toy! may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Gotta Toy's exchange policies in effect on the date of the exchange.
6. Returns. In the event of a problem with a product, Gotta Toy! will use reasonable efforts to correct the problem in accordance with Gotta Toy’s satisfaction policy.
7. Limited Warranties. Gotta Toy! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR DEATH, Gotta Toy's TOTAL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, IS LIMITED TO THE PRICE YOU ACTUALLY PAID TO Gotta Toy! FOR THE PRODUCTS Gotta Toy! SOLD TO YOU WHICH FORM THE BASIS OF YOUR CLAIM. TO THE FULLEST EXTENT ALLOWED BY LAW, Gotta Toy! EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, EVEN IF Gotta Toy! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
10. Governing Law. THIS CONTRACT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (EXCEPT AS PERTAINING TO CONFLICTS OF LAW). THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND/OR STATE COURTS LOCATED IN TARRANT COUNTY, TEXAS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT.
11. General Legal Provisions. Customer will comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between Gotta Toy! and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party will not waive subsequent defaults of the same or different kind. Neither party will be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control.