CONDITIONS OF USE
Welcome to www.nerdragetoys.com a web site operated by Nerd Rage Toys LLC. Nerd Rage Toys LLC provides their services to you subject to the following conditions. If you view the website, communicate or conduct business with Nerd Rage Toys LLC in any manner, you accept these conditions. Please read them carefully. In addition, when you use any current or future Nerd Rage Toys LLC service, you also will be subject to the guidelines and conditions applicable to such service or business.
MATURE AUDIENCES ONLY
The Nerd Rage Toys website is intended for mature audiences only. The content may be unsuitable for children under the age of 18. Nerd Rage Toys LLC does not knowingly sell or market to children. Nerd Rage Toys LLC knowingly sells and markets to adults 18 and over who can purchase with a credit card. If you are under 18, you must use the Nerd Rage Toys web site with the involvement of a parent or guardian.
LICENSE AND SITE ACCESS
Nerd Rage Toys LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nerd Rage Toys LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Nerd Rage Toys web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Nerd Rage Toys LLC
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nerd Rage Toys LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nerd Rage Toys LLC’s name or trademarks without the express written consent of Nerd Rage Toys LLC. Any unauthorized use terminates the permission or license granted by Nerd Rage Toys LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nerd Rage Toys LLC. so long as the link does not portray Nerd Rage Toys LLC, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nerd Rage Toys LLC logos or other proprietary graphics or as part of the link without express written permission.
Nerd Rage Toys LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may ssubmit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content’s identity.
If you do submit material, and unless we indicate otherwise, you grant Nerd Rage Toys LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nerd Rage Toys LLC the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nerd Rage Toys LLC. or its affiliates for all claims resulting from content you supply. Nerd Rage Toys LLC has the right but not the obligation to monitor and edit or remove any activity or content. Nerd Rage Toys LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Nerd Rage Toys LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
INTERNATIONAL DUTIES, TAXES, AND REGULATIONS
You, the buyer, are responsible for any and all import duties, taxes, or brokerage fees. Nerd Rage Toys is not responsible for these charges. Certain products may have restrictions or other regulations that may prohibit delivery to your country. Please contact your local customs department for more information.
Nerd Rage Toys LLC attempt to be as accurate as possible. However, Nerd Rage Toys LLC does not warrant that product descriptions, prices, photographs or other content of this site as accurate, complete, reliable, current, or error-free. Nerd Rage Toys LLC is not responsible for typographical errors, distributor delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Nerd Rage Toys LLC itself is not as described, your sole remedy is to return it in unused condition.
All returns are at the discretion of Nerd Rage Toys LLC. Nerd Rage Toys LLC is not responsible for any damages accrued during delivery, and reserves the right to deny any returns due to said damage. All items must be returned in their original described condition within 7 days of being received. Once an eligible return has been received, a full refund (less the cost of shipping) will be returned to the account in which payment was made. Nerd Rage Toys LLC is not responsible for return shipping costs.
Pre-Orders will be refunded in full within 60 days of your purchase. After 60 days, you payment will be refunded less the cost of the PayPal fees.
Gift certificates are purchased at the soul discretion of the purchaser. Nerd Rage Toys LLC is not responsible for lost, stolen, or fraudulent use of any gift certificate purchased for use with the nerdragetoys.com web site. Moreover, Nerd Rage Toys LLC is not responsible for any fraudulent purchase of a nerdragetoys.com gift certificate. Gift certificates purchased for nerdragetoys.com are nonrefundable. Lost, stolen, or fraudulent use of a nerdragetoys.com gift certificate will not be reimbursed.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NERD RAGE TOYS LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NERD RAGE TOYS LLC 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NERD RAGE TOYS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NERD RAGE TOYS LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NERD RAGE TOYS LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NERD RAGE TOYS LLC 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, 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.
By viewing this website, communicating with or conducting business with Nerd Rage Toys LLC, you agree that the laws of the state of Maine, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nerd Rage Toys LLC.
Any dispute relating in any way to your visit to www.nerdragetoys.com or to products you purchase through Nerd Rage Toys LLC shall be submitted to confidential arbitration in Kittery, Maine, except that, to the extent you have in any manner violated or threatened to violate Nerd Rage Toys LLC’s intellectual property rights. Nerd Rage Toys LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Maine, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY