Terms of Service
By using ToyEssentials.net (“the website”), you agree to the terms of our policy. Imaginism, LLC, doing business as Toy Essentials, maintains the website for your personal entertainment, information, education, and communication. You may download material displayed on the website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the contents of the website, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of Imaginism, LLC. By accessing and browsing the website, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and Imaginism, LLC relating to your use of the website are superseded and of no force or effect.
You should assume that everything you see or read on the website is copyrighted and owned by Imaginism, LLC unless otherwise noted and may not be used without prior written consent. Images of people and places displayed on the website are either the property of, or used with permission by, Imaginism, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by Imaginism, LLC. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
While Imaginism, LLC uses reasonable efforts to include accurate and up-to-date information on the website, Imaginism, LLC makes no warranties or representations as to its accuracy. Imaginism, LLC assumes no liability or responsibility for any errors or omissions in the content of the website. Prices and availability information, special offers, and promotions are subject to change without notice.
Imaginism, LLC is not responsible for the content of any off-site pages or any other sites linked to the website. Your linking to any other off-site pages or other sites is at your own risk. Imaginism, LLC assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, failure to gain access to, use of, or browsing the website, or your downloading of any materials, data, text, images, video, or audio from the website.
Imaginism, LLC may at any time revise these Terms of Use by updating this posting. Please check back periodically to see if we have made any changes.
WARRANTIES
Imaginism, LLC is a distributor only. Products sold by Imaginism, LLC are not manufactured by Imaginism, LLC. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if any). Imaginism, LLC assigns and passes through to the Customer any warranty of the manufacturer, and the Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. IMAGINISM, LLC MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. IMAGINISM, LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES, IMAGINISM, LLC’s MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. IMAGINISM, LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. IMAGINISM, LLC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT IMAGINISM, LLC IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon Imaginism, LLC until it is accepted; Imaginism, LLC must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Imaginism, LLC. You agree to pay the amount(s) due as specified on the invoice.
Shipping Charges: Your total cost for the purchase of any product will include shipping and handling charges shown on the Imaginism, LLC invoice.
Title; Risk of Loss: Imaginism, LLC will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s)—excepting software—and risk of loss passes to the Customer upon delivery to the carrier. Imaginism, LLC reserves a purchase money security interest in the product(s) until its receipt of the full amount due. The Customer agrees to allow Imaginism, LLC to sign appropriate documents on the Customer’s behalf to permit Imaginism, LLC to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Imaginism, LLC will advise Customer of estimated shipping dates, but Imaginism, LLC will, under no circumstances, be responsible for delays in delivery and associated damages due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state, or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Imaginism, LLC and Customer shall be governed by the laws of the State of Oregon, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Imaginism, LLC and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Oregon to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Imaginism, LLC that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Oregon law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with the Imaginism, LLC invoice respecting the products ordered by the Customer, are the complete and exclusive agreement between Imaginism, LLC and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Imaginism, LLC and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
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