|
Conditions of Use
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE
AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT
AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH PUZZLE PARADE. IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the
Customer and PUZZLE PARADE. The Customer accepts this
Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you"
or "your" shall relate to the Customer; references to
"PUZZLE PARADE" shall relate to PUZZLE PARADE and its
affiliates.) The terms and conditions of this Sale
Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site
at the time the Customer initially places or modifies an
order will govern the order in question
This Sale Agreement constitutes the entire agreement
between the Customer and PUZZLE PARADE relating to the
purchase or sale of goods or services on the Site. The
Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or
sold on the Site in a writing signed by PUZZLE PARADE.
Electronic records (including signatures), that are
otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or
e-mail application connected to the Internet; consumers
may withdraw consent to receiving electronic records or
have the record provided in non-electronic form by
contacting PUZZLE PARADE at the address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and
our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF RI, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
RI FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at
that time title passes to the purchaser. Loss or damage
that occurs during shipping by a carrier selected by
PUZZLE PARADE is PUZZLE Parade's responsibility. Loss or
damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility. Title to
software will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the
federal government certain export documentation before
shipping to a foreign country. In addition,
manufacturers" warranties for exported goods may vary or
even be null and void for goods exported outside the
United States. The Customer should inquire further
regarding any questions. Any and all liability is only
for the products purchased.
General Legal Disclaimer
PUZZLE PARADE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PUZZLE
PARADE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products
and offers, PUZZLE PARADE reserves the right to make
adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High
volume bids are welcome!
While PUZZLE PARADE uses reasonable efforts to include
accurate and up-to-date information on the Site, PUZZLE
PARADE makes no warranties or representations as to the
Site's accuracy. PUZZLE PARADE assumes no liability or
responsibility for any errors or omissions in the
content on the Site.
Limitation of Liability
PUZZLE PARADE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. PUZZLE PARADE WILL
NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES, PUZZLE PARADE
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR
THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which
result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with
third parties who are not signatories to this Sale
Agreement), PUZZLE Parade's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time
the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of
law provision included in this Sale Agreement, this
arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction
where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in
Tiverton, RI. Judgment on the award rendered by the
arbitrator(s) may be entered by any court having
jurisdiction. Each party shall bear its own cost of any
legal representation, discovery, or research required to
complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon PUZZLE PARADE until accepted
by PUZZLE PARADE. Terms of payment are within PUZZLE
Parade's sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured
from the date of the invoice. PUZZLE PARADE may invoice
parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate
allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary;
contact your PUZZLE PARADE account manager for our most
current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit
card. In some circumstances, international shipping may
be available. Call for details.
Return Policy
The following refund policy applies to all products
except those stating their own refund policy with the
product description:
PUZZLE PARADE offers a 30 days return policy on selected
items based on manufacturer return policies. For further
information not listed, please contact your PUZZLE
PARADE account manager.
E-mail our Returns Department at sales@puzzleparade.com
to obtain a Return Merchandise Authorization (RMA)
number before shipping your product. NO returns of any
type will be accepted without an RMA number. For faster
service, please have the following information on hand
when calling for an RMA number: customer name, invoice
number, serial number and nature of the problem.
All products returned MUST: be 100 percent complete,
unused, contain ALL original boxes and packing
materials, have original UPC codes on the manufacturer
boxes, contain all manuals, blank warranty cards and
other accessories and documentation provided by the
manufacturer.
You are responsible for shipping charges on returned
items; PUZZLE PARADE will match your shipping method on
your replacement or exchange item(s).
PUZZLE PARADE strongly recommends you fully insure your
return shipment in case it is lost or damaged and you
use a carrier that can provide you with proof of
delivery for your protection.
If merchandise arrives damaged: it is best to REFUSE it
back to the carrier attempting delivery. If you accept
the package make sure it is noted on the carrier's
delivery record in order for PUZZLE PARADE to file a
damage claim. Save the merchandise AND the original box
and packing it arrived in, notify PUZZLE PARADE
immediately to arrange for a carrier inspection and a
pick up of damaged merchandise. If you do not notify
PUZZLE PARADE of damaged goods within the first 15 days
of arrival, our regular return policy will override any
claim of damage, and will fall under all current
manufacturer restrictions. Email your PUZZLE PARADE
account manager to arrange for carrier inspection and a
pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to PUZZLE
PARADE within 30 days from the invoice date, at PUZZLE
Parade's discretion for: credit, replacement, exchange
or repair.
Manufacturer restrictions do apply and are outlined in
our detailed policy. Any item that is missing the UPC
can ONLY be replaced with the same item. After 30 days,
all manufacturers" warranties apply.
NON-DEFECTIVE returns can be accepted directly by PUZZLE
PARADE within 30 days from the invoice date, at PUZZLE
Parade's discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 10 percent
restocking fee.
PUZZLE PARADE reserves the right to authorize product
returns beyond 30 days from the invoice date. Original
shipping charges are refunded on returned items.
Customers are responsible for all shipping charges back
to PUZZLE PARADE on returned items, and PUZZLE PARADE
will pay the shipping charges on the replacement or
exchange item(s) going back.
Special Products Return Policy
Only defective software and DVD movies can be returned
to PUZZLE PARADE. The return must take place within 30
days of invoice date and may only be replaced for the
SAME software or DVD movie title. Unopened software may
be returned for refund or exchange within 30 days of
invoice date. Multiple software licenses cannot be
returned for refund or exchange unless first authorized
by the manufacturer. Multiple software licenses cannot
be returned for refund or exchange unless first
authorized by the manufacturer. Multiple licenses may
not be returned beyond 30 days for any reason.
Credit Cards
Credit card charges are processed online after ordering
the products and/or services. Time of shipment is less
than one week. PUZZLE PARADE does not apply any
surcharge for credit cards.
Terms and Conditions of Use
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE
USING THIS WEB SITE (THE "SITE") OPERATED BY PUZZLE
PARADE YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms
and conditions, by visiting, browsing, shopping,
accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at
any time, in PUZZLE Parade's sole discretion. By
visiting, browsing, shopping, accessing or otherwise
using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should
check this User Agreement and the Privacy Pledge
frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and
conditions, constitute a legal contract between you and
PUZZLE PARADE (References to "you" or "your" shall
relate to a customer of PUZZLE PARADE or other party
that visits, browses, shops, accesses or otherwise uses
the Site (the "Customer"); references to "Puzzle Parade"
shall relate to PUZZLE PARADE and its affiliates.) By
visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User
Agreement, as it may be changed by PUZZLE PARADE from
time to time, do not use this Site. The material
provided on this Site is protected by law, including,
but not limited to, United States copyright law and
international treaties. This Site is controlled and
operated by PUZZLE PARADE from its offices within the
United States. Puzzle Parade makes no representation
that materials in the Site are appropriate or available
for use in other locations, and access to them from
territories where their contents are illegal is not
authorized. Those who choose to access this Site from
other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the
materials contained herein is governed by the laws of
the state of RI without regard to conflict of law rules.
You consent to jurisdiction of the federal and state
courts located in RI to hear any such claims.
Access, Interference and Linking
PUZZLE PARADE grants you a limited license to access and
make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it,
except as provided below under "Use Restrictions," or
with express written consent of PUZZLE PARADE.
The following activity on the Site is expressly
prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content
contained herein without prior written permission by
PUZZLE PARADE; collection or use of any product
listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products
competitive with or comparable to those offered on the
Site; and, Any use of, visits to, or other action that
imposes an unreasonable or disproportionately large load
on the Site, or otherwise interferes with its proper and
timely functioning.
Any unauthorized use terminates the license granted
by PUZZLE PARADE.
You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Site
so long as the link does not portray PUZZLE PARADE, its
affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter.
You may not use any PUZZLE PARADE logo or other
proprietary graphic or trademark as part of the link
without express written permission.
PUZZLE PARADE does not review or control third-party
sites that link to or from the Site, and is not
responsible for the contents of any third-party sites
linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is
held by PUZZLE PARADE or by the original creator of the
material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of
PUZZLE PARADE or the copyright owner. Permission is
granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use
only, provided you do not modify the materials and that
you retain all copyright and other proprietary notices
contained in the materials. This permission terminates
automatically if you breach any of these terms or
conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also
may not, without Puzzle Parade's prior written
permission, "mirror" any material contained on this Site
on any other server. Any unauthorized use of any
material contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and registered trademarks are the sole
property of their respective owners. Photographs
courtesy of respective manufacturers. PUZZLE PARADE logo
are trademarks of PUZZLE PARADE Copyright © 2006 PUZZLE
PARADE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Puzzle Parade BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE,
THE MATERIALS ON THIS SITE, EVEN IF Puzzle Parade OR A
PUZZLE PARADE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF
MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services
made available through this Site, you agree with PUZZLE
PARADE, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries
and any content provider or offer or of goods or
services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER
AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE
AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER
RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time
the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of
law provision included in this User Agreement, this
arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction
where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in
Tiverton, RI. Each party shall bear its own cost of any
legal representation, discovery, or research required to
complete arbitration.
Privacy
Please review our Privacy Notice, which also governs
your visit to this Site.
You are responsible for maintaining the confidentiality
of your account and password and for restricting access
to your computer, and you agree to accept responsibility
for all activities that occur under your account or
password. If you are under 18, you may use the Site only
with a parent or guardian. Puzzle Parade reserves the
right to refuse service, terminate accounts, remove or
edit content, or cancel orders in its sole discretion.
Communications to PUZZLE PARADE
Any communication or material you transmit to the Site
by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and
will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be
used by PUZZLE PARADE for any purpose, including but not
limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, PUZZLE
PARADE is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to
PUZZLE PARADE or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing
and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact:
PUZZLE PARADE
109 Lark Lane
Tiverton, RI 02878
Email: carol@puzzleparade.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of
this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
|
