Last Updated: March 1, 2023
Introduction
Welcome to Dinotrux Toys, Dozer, Supercharged Toys, Diecast Toys (“Dinotrux.shop“, “we” “us” or “our“). These Terms and Conditions (“Terms”) are a legally binding agreement between you and Dinotrux.shop regarding your access to and use of Dinotrux.shop, including any content, functionality, products and services offered on our website and mobile applications (collectively, the “Site”).
Please read these Terms carefully before using the Site. By accessing or using the Site, registering for an account or making a purchase, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
We may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified Terms on the Site. By continuing to access or use the Site after we have posted modified Terms signifies your agreement to be bound by the modified Terms. Be sure to return to this page periodically to ensure you are familiar with the current version of these Terms.
Use of the Site
Eligibility: The Site is intended for access and use only by individuals aged 16 and older. By using the Site, you represent and warrant that: (1) you are 16 years of age or older, and (2) you have the right, authority and capacity to enter into these Terms.
Site Access: We grant you a limited, revocable, non-transferable license to access and use the Site solely in accordance with these Terms. We reserve the right to suspend or terminate your access to and use of the Site, with or without notice, for any actual or suspected violation of these Terms or any applicable law or regulation.
Account Registration: Certain features or services offered on the Site may require you to register an account by providing complete and accurate contact information. You represent and warrant that the information you provide to us upon registration and at all times will be accurate, complete and current.
Responsible Use: You agree to only use the Site and services for legitimate, non-commercial purposes and consistent with applicable law, regulations and generally accepted practices. You agree that you will NOT:
- Use the Site or services for fraudulent purposes.
- Impersonate any person or entity or provide false information.
- Engage in unauthorized use or access of data, accounts or credentials.
- Attempt to probe, scan or test the security, functionality or availability of the Site.
- Attempt to interfere with the Site, such as denial of service attacks, spamming or hacking.
- Engage in any other conduct that restricts, inhibits or prohibits use of the Site by others.
- Use any data mining, robots or other data gathering methods.
Intellectual Property: The Site contains copyrighted material, trademarks and other proprietary information belonging to us and third parties. Except as expressly authorized, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part.
External Links: The Site may contain links to third-party websites that are not operated or controlled by us. Links do not imply our endorsement. Your use of any linked website is solely at your own risk.
Online Purchases
Orders: We welcome orders for products and services offered on the Site, which are subject to availability and the terms described on the Site. All orders are subject to acceptance, verification and availability. We reserve the right to limit quantities, impose additional requirements or reject orders.
Prices: Prices are as quoted on the Site at the time the order is placed. We reserve the right to change prices for products displayed at any time before you place an order.
Payment Processing: We use third-party payment processors to bill you for products and services purchased on the Site. You must provide current, complete and accurate purchase and account information for all purchases made via the Site. By making a purchase, you authorize us to charge your chosen payment provider.
Taxes: You are responsible for any taxes applicable to products or services purchased on the Site, unless exempt by law. We may be required to collect sales or other taxes on purchases.
Shipping: We will arrange for shipment of any tangible products purchased on the Site to you at the shipping address provided with your order. Shipping costs will be displayed at checkout prior to placing your order. Title and risk of loss for products passes to you when delivered by our carrier to the shipping address.
Returns: Products sold through the Site may have different return policies and requirements. Be sure to check individual return policies at checkout or on the applicable product page. We are not responsible for any damage or loss to returned products caused by the carrier.
Cancellation and Refunds: Orders canceled prior to shipment may qualify for a full refund less any payment processing fees. After shipment, please refer to the applicable return policy of the product purchased. Refunds may take 1-2 billing cycles to process.
Digital Products: Any content, media or downloads offered via the Site are deemed delivered when made available on the Site. You may only acquire licenses for personal, non-commercial use, unless explicitly authorized. You may not redistribute, resell, decompile or reverse engineer any products containing digital content.
Indemnification: You agree to indemnify, defend and hold harmless Dinotrux.shop and our affiliates from any claims, damages, losses or investigations related to your purchases or use of products or services on the Site in violation of these Terms or applicable laws.
Disclaimer of Warranty: Products purchased or obtained through the Site are provided “as is” without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. We make no warranties that products will meet your expectations or requirements. Your sole remedy is to stop using the product and notify us for return or refund pursuant to the applicable return policy.
Limitation of Liability: In no event will Dinotrux.shop be liable for any indirect, consequential, exemplary, punitive or special damages arising out of your use of or inability to use the Site or products, even if advised of the possibility of such damages. In no case shall our total liability to you for any damages from your use of the Site exceed the amount paid by you for products on the site in the last 12 months.
User Content and Activities
Content Submission: The Site may allow you to upload, submit, post, publish or transmit various user content, data, text, photos, profiles, audio, video, comments or other information or materials (“User Content”). You retain full ownership of your User Content. We do not claim any ownership rights in your User Content.
Limited License to User Content: By submitting any User Content on the Site, you automatically grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, modify (as required to conform to any limitations on obscene or indecent content), prepare derivative works, display, and perform that User Content in connection with operating, promoting and improving the Site.
Responsibility for User Content: You are solely responsible for the User Content you submit, including the legality, appropriateness and non-infringement. We are not responsible or liable for any User Content. We reserve the right, but not the obligation, to monitor, edit or remove any User Content. If we determine that you are violating these Terms or any applicable law, we may take any action we deem reasonable and appropriate, including denying access to the Site.
Ownership: You own and are responsible for your User Content. We own the Site, our content, feedback, suggestions, improvements, derivatives and aggregated or statistical data generated from operation of the Site.
Communications Preferences
By using the Site, you agree to receive promotional emails, newsletters, telephone calls, text messages, postal mail and other communications from us related to your account, orders or marketing offers. You may opt out of non-essential communications by adjusting your preferences within your account or using the unsubscribe option included with the communications. Please note that you cannot opt out of essential account or order communications.
Termination
We reserve the right, with or without notice, at our sole discretion to:
- Suspend, terminate or limit your access to the Site.
- Reject, prevent or limit orders or certain transactions.
- Cancel unconfirmed or fraudulent orders.
- Deactivate or delete your account and related information and files.
Termination does not limit any of our other rights or remedies at law or equity. Upon termination, you must cease use of the Site. All provisions will survive termination, except those granting access or use of the Site.
Disclaimers
AS IS Condition of Use: The Site and all data, content, functions and materials are provided “as is” without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to fitness for a particular purpose.
Non-Infringement: We make no warranties that the Site or content does not infringe any intellectual property rights. We are not liable for any such infringement. If you suspect content infringes your intellectual property rights, please follow our DMCA Policy described below.
Accuracy and Functionality: We strive to display content accurately but make no warranties regarding accuracy, reliability, completeness, timeliness or fitness for any particular purpose of use. Similarly, we make no warranties regarding Site uptime or availability or that Site access or functionality will be uninterrupted or error free.
Security and Data Privacy: While we aim to protect and secure your data and privacy, we make no warranties regarding security, vulnerabilities or loss of data. Use and access of data, the Site and any download or content is at your own risk.
User Content and Conduct: We assume no responsibility and make no warranties for offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content or conduct. Your use and access is at your own risk.
Links to Third Party Sites: Links to third party websites are provided solely as a convenience. We are not responsible for their content, operation, websites or use. Access and use of any linked website is solely at your own risk.
Modifications to the Site
We reserve the right to modify, update, suspend or discontinue all or any portion of the Site at any time, for any reason, with or without notice, at our sole discretion. This includes the right to modify and/or eliminate all or any portion of features, functions, content or downloads with respect to the Site.
Limitations and Exclusions
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Dinotrux.shop BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM:
- USE OF OR INABILITY TO ACCESS AND USE THE SITE OR CONTENT.
- PURCHASE AND DELIVERY OF PRODUCTS FROM THE SITE.
- RELIANCE ON ANY DATA OR INFORMATION ACCESSED OR RECEIVED FROM THE SITE.
- ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR DATA OR CONTENT.
- STATEMENTS, CONDUCT OR OMISSIONS OF ANY THIRD PARTY ON THE SITE.
- ANY OTHER MATTER RELATED TO THE SITE OR CONTENT.
Indemnification
You must defend, indemnify and hold harmless Dinotrux.shop and our affiliates and subsidiaries, and our respective officers, directors, shareholders, employees, agents, partners and licensors, from any demand, claim, action, proceeding, loss, liability, damages, judgments, awards, fines, settlements, costs and expenses, including reasonable legal fees, arising from or related to:
- Your access, use or misuse of the Site.
- Your User Content submissions.
- Your violation of these Terms or violation of any applicable laws, regulations or rights of others.
- Your negligence, fraud or willful misconduct.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification. Your indemnity obligations are not limited or excluded by any other terms.
Class Action Waiver
You expressly agree that any dispute resolution will take place only on an individual basis and that you waive any right to bring or participate in a class action or collective basis in court, arbitration, or any other forum.
Binding Individual Arbitration
Any dispute, claim or controversy arising from these Terms will be submitted to and determined through individual binding arbitration rather than in court. This applies to the fullest extent permitted by law, regardless of any statutes or regulations to the contrary.
The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules applying applicable substantive law consistent with the US Federal Arbitration Act. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered may be entered in any court with jurisdiction.
Payment of arbitration fees will be governed by the AAA’s rules and procedures. If the arbitrator finds the arbitration frivolous or brought for improper purpose, the arbitrator must award costs and reasonable attorneys fees to the other party.
You and Dinotrux.shop retain the right to seek relief in a small claims court for disputes or claims within the scope small claims court jurisdiction. Any arbitration will take place within the county in which you reside, unless you and Dinotrux.shop agree otherwise.
Governing Law
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Our failure to enforce any provision will not constitute a waiver. If a court of competent jurisdiction declares a provision unenforceable, it shall be severed without affecting remaining provisions. The paragraph headings are for convenience only and will not affect interpretation.
General Provisions
Assignment: You may not assign or transfer these Terms or your rights without our prior written consent. We may fully or partially assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization or sale of assets or business, or by contract or operation of law.
Notices: Any notices provided to Dinotrux.shop must be made by postal mail to the following address:
Dinotrux.shop
Attn: Legal Department
123 Dinotrux Lane
New York, NY 10001
Entire Agreement: These Terms, including documents incorporated herein by reference, represent the entire agreement between you and Dinotrux.shop. They supersede any prior agreements.
Severability: If any provision is invalid or unenforceable under applicable law, it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible. Any remaining provisions will continue in full force and effect.
Waivers: Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by us will be effective unless made in writing and signed by an authorized representative of Dinotrux.shop.
Privacy Policy: Use of information you provide or that is collected by Dinotrux.shop is governed by our Privacy Policy.
Contact Us: If you have any questions about these Terms, please contact us at [email protected].
