Terms and Conditions
Please read these terms and conditions carefully before using the WOD Toys website. By using the Website, you indicate that you accept these Terms and that you agree to abide by them.
Website. This page,
together with the other documents referred to on it, tells you the terms and
conditions (the “Terms”) on which you may make use of our website: www.WODToys.com (the “Website” or “Site”) whether as a guest or a registered user.
Please read these Terms carefully before ordering any products from the Site.
· Products, Content, and Specifications . WOD Toys makes all reasonable efforts to accurately display the attributes of our products, including colors; however the actual color you see will depend on your browsing platform, and your screen. We cannot guarantee that your browsing device (computer, tablet, phone, etc.) will accurately display such colors. The Site displays certain weights, measures, dimensions, and similar description to the best of approximation and are provided for convenience.
· Shipping Limitations. Orders will be shipped to the address provided by the purchaser. WOD Toys ships within US states. Shipping to U.S. Territories and Freely Associated States, and internationally is not available at this time. For clarifications, please contact our Customer Service. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments[u1] .
· Availability of Website. While we endeavor to make the Website available 24 hours a day, we cannot be liable if, for any reason, the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
· Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of WOD Toys or its affiliates. Other trademarks, trade names and service marks used or displayed on the Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without the written permission of WOD Toys, or such other owner.
· Linking to the Sites. Creating or maintaining any link from another website or application to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rules, and regulations.
· Third Party Links. WOD Toys have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link. Kindly inform our Customer Service If you find any of the third party links as having inappropriate content.
· Limitation of Liability. This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies.
I. To the extent permitted by law, the total liability of WOD Toys to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of 110% of any aggregate amount paid by you to WOD Toys in the 12 months preceding any cause of action arising.
II. WOD Toys shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
· Force Majeure. WOD Toys shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
· Revisions to these Terms and Conditions. These Terms and Conditions may change or update the Website and anything described in it without notice to you. WOD Toys reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms.
· Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and any of the Operators to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Sites will be brought only in the courts of the State of Washington or the United States District Court for the District of Washington. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
· Termination. WOD Toys reserves the right to terminate your account and access to the Site and its services at any time. Termination by WOD Toys may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
· Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service