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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this website. JumpStart Toys, LLC may modify these Terms and Conditions, located on www.jumpstarttoys.com, at any time.

Products, Specifications and Contents
All content, products, specifications, features, availability, measurements, weights, skills that may be enhanced, academic preparedness content, and prices of products and services described or displayed on or that may be downloadable from www.jumpstarttoys.com are subject to change at any time without notice. Information such as weights, measurements and similar descriptions are estimates and are provided for convenience purposes only. Minimum age requirements are passed on from the manufacturer and are not determined by JumpStart Toys, LLC. The actual color you see will depend on your computer system, and we regret that we cannot guarantee that your computer will accurately display such colors. The inlcusion of any products, services or content on www.jumpstarttoys.com does not imply or guarantee that these products, services or content will be available at any time. Please recognize that it is the customer's responsibility to find out and obey all applicable local, state, federal and international laws, including minimum age requirements, regarding the purchase, possession, use and sale of any item purchased from JumpStart Toys, LLC offline or through our website, www.jumpstarttoys.com.

Accuracy of Information
We attempt to ensure that information on www.jumpstarttoys.com is complete, accurate and current. Despite our best efforts, the information may occassionally be inaccurate, incomplete or out of date. We make all reasonable efforts to accurately describe and display the atributres of our products, including the skills toys and games may enhance. The materials on our website are provided "as is" and without warranties of any kind eithr express or implied. JumpStart Toys, LLC makes no represenation as to the completeness or accuracy of any information, nor do we warrant or make any represenations, regarding the use or the reliability, results or lack of results, skills,academic preparation or otherwise on www.jumpstarttoys.com. The price displayed on the website, www.jumpstarttoys.com, may differe from the price for the same item sold offline. Our general practice is to confirm orders by email, however the receipt of an email order confirmation does not necessarily constitute our acceptance of an order or our confirmation of an offer to sell a product or service. While we expect this situation to occur infrequently, we reserve the right to limit the order quantitiy on any product or service and/or to refuse the sale of a product or service to any customer without prior notice. We may also require verification of information prior to the acceptance and/or shipment of any order.

Shipping Limitations
Once an order is placed, we will ship it to the physical adress designated by the purchaser as long as the shipping address is within the guidelines of our shippling policy on www.jumpstarttoys.com and the shipping companies' policies that we use to ship items. All purchases from www.jumpstartttoys.com are made pursuant to a shipping contract and the risk of loss and title for items purchased pass to the customer upon delivery of the items to the shipping company or the U.S. Postal Service. Customers are responsible for filing any claims for damaged or lost shipments with the shipping company or U.S. Postal Service. The shipping costs associated with refunds, exchanges, or a recalled item are the responsibility of the customer.

Use of our Website
Our toys and games are described, displayed and sold through our website, www.jumpstarttoys.com, fo ryour convenience and to provide access to information 24 hours a day, 7 days a week. Any information on our website is for your personal non-commercial home use only. The design text, graphics, logos, information, content and other material displayed on or that can be downloaded from our website are protected by copyright, registered or unregistered trademark, or other laws and may not be used except as permitted in these Terms and Conditions or with the prior writtten consent from JumpStart Toys, LLC. You may not change the information or materials described or displayed on or that can be downloaded from www.jumpstarttoys.com or publicly display, perform, reproduce, distribute or otherwise use any such information or materials for any public or commercial purpose. Some information and images are the property of manufacturers or other third-parties, and you may not copy or use them in any manner that violates their policies. Unauthorized use of such information or material may violate copyright laws, laws of privacy and publicity or other laws and regulations.

We control the content of the website from our offices within the State of Texas in the United States of America. We make no representation that the materials and information on the site are appropriate or available for use in other locations. Customers and potential customers who choose to use the website from other locations do so on their own initiative and are responsible for compliance with local, state, and country laws.

Harrassment in any manner or form on our website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden and will not be tolerted. Impersonation of others, inlcuding a JumpStart Toys, LLC or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive or provacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Linking to our Website
Creating or maintaining a link from another website to any page on our website, www.jumpstarttoys.com, without our prior written permission is prohibited. Displaying our website, any page on our website, or any information or material displayed on or downloadable from our website in frames or through similar means or another website without our prior written permission is prohibited. Any permitted links to our website must comply with all applicable laws, rules and regulations.

Third-Party Links
In an attempt to provide increased value to our customers and potential customers and solely as a convenience to you, JumpStart Toys, LLC may link to sites operated by third-parties. However, even if the third-party is affiliated with JumpStart Toys, LLC offline or through www.jumpstarttoys.com, JumpStart Toys, LLC has no control over these linked websites, all of which have separate privacy and data collection practices, independent of JumpStart Toys, LLC. These linked sites are only for your convenience, and therefore, you access them at your own risk. We are not responsible for any contenet, materials or information located on, acceible or downloadable from any other website. We also do not endorese, guarantee, or make any representations or warranties regarding any other website's content, materials or information located on, accessible from or downloadable from other websites. Nor are we responsible for any results or lack of resutls that you may obtain from using any other website or our own website, products, services, materials, or information. If you choose to access and use this information, you do so entirely at your own risk. Nonetheless, JumpStart Toys, LLC seeks to protect the integrity of its website and the links placed upon it. Therefore, we request feedback on not only our website, but for websites that we link to as well (including if a specific link doesn't work).

User Information
Other than personally identifiable information, which is subject to JumpStart Toys, LLC's privacy policy (and which is posted on our website), any material, infirmation, suggestions, ideas, recommendations, concepts, know-how, techniques, questions, comments, images or other information in communication you transmit or post to our website in any manner or communicate verbally ("User Information") is and will be considered non-confidential and non-proprietary. Our company may use any or all User Communications for any purpose whatsoever, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, create derivative works, development, manufacturing, distribute and/or marketing for any commercial or non-commercial purposes. You agree to transfer this information and knowledge from User Communications to JumpStart Toys, LLC without any compensation. You agree to execute any and all documents that JumpStart Toys, LLC may reasonably request in connection with confirming JumpStart Toys, LLC's ownership of and unlimited right to use such ideas, concepts, know-how, techniques, comments, and images. We may monitor and review User Communications, but we may choose not to use, return, review or respond to any User Communications. We regret that we cannot monitor all User Communications. JumpStart Toys, LLC has no liability or makes any express or implied warranties or representations related to the content of User Communications. We retain the right to remove any or all Uswer Communications that include material, images or any other content that we deem inapppropriate or unacceptable at our sole discretion.

It is your responsiblity to keep your username, password and other personal inforamtion confidential. JumpStart Toys, LLC regrest is cannot be respnsible for orders placed or misconduct arising from or conducted through your account on www.jumpstarttoys.com. Please recognize you are solely responsible for orders placed, charges incurred, or any misconduct conducted through your account. We encourage our customers to use strong passwords, chang ethem often, and guard their confidential information aggressively.

Copyright
The entire content included in this website, including but not limited to, text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of JumpStart Toys, LLC. The collective work includes works that are licensed to JumpStart Toys, LLC. Copyright 2003, JumpStart Toys, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with JumpStart Toys, LLC or researching and purchasing our products and services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Jumpart Toys, LLC or to purchase JupStart Toys, LLC's kids toys, games and other products and services. Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless previously authorized by JumpStart Toys, LLC in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this website.

Trademarks
All registered and unregistered trademarks, service marks, logos and trade names of JumpStart Toys, LLC used, displayed or downloaded from the website are registered or unregistered trademarks of JumpStart Toys, LLC.

Warranty Disclaimer
This website and the materials, content and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, JumpStart Toys, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JumpStart Toys, LLC does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. JumpStart Toys, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In addition, we make no warrantees or representations concerning the products we sell, the services we deliver, content developed or passed on, or websites to which we link. We make no representations or warranties that the information or recommendations on our website are accurate or up to date, nor do we assume any commitment or duty to update such information or verify it.

We make suggestions, recommendations and provide tips to provide additional value and to make your shopping experience easier and more convenient. However, neither the owners nor the employees of JumpStart Toys, LLC are licensed professionals, educated teachers, or medical doctors. Therefore, you accept, and potentially use, our suggestions, recommendations and other information at your own risk. We do not warranty, express or through implication, these suggestions, recommendations, information or the implied or hoped-for results. Your use of this website and its content is at your own risk.

All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors, or suppliers, if any, to the fullest extent permissible by applicable law. We disclaim all warranties of any kid, express or implied, including implied warranties with respect to the products and services listed/obtained or downloaded through this website. We disclaim all liability for product defects or failures claims that are due to normal wear and tear, product misuse, abuse, product modification, improper product selection noncompliance with any codes, inappropriate application of suggestions, recommendations or extension ideas or the implied results of this content, or misappropriation. We make no warranties to those defined as “consumers” in the Magnusion-Moss warranty Federal Trade Commission Improvements Act.

JumpStart Toys, LLC does not warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the materials, this website or the server that makes them available are free of viruses or other harmful components. You assume, and not JumpStart Toys, LLC, the full cost of any necessary servicing, repair and correction.

Under no circumstances shall JumpStart Toys, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, this website or any downloadable materials, even if JumpStart Toys, LLC or its representatives have been advised of the possibility of such damages. Under no circumstances shall JumpStart Toys, LLC’s total liability to you from all damages, losses, and causes of action, even if contractual, exceed the amount you paid to JumpStart Toys, LLC for products purchased on our website.

Limitation of Liability
JumpStart Toys, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the products, materials, services or functions on this site or the performance of the products, even if JumpStart Toys, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a JumpStart Toys, LLC’s product or service is mistakenly listed at an incorrect price, JumpStart Toys, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. JumpStart Toys, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, JumpStart Toys, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by JumpStart Toys, LLC without notice at any time, for any reason. However, all prior uses of this website shall be governed by these Terms and Conditions. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. The provisions relating to Accuracy, Typographical Errors, Linking to the Website, Third-Party Links, Shipping Limitations, Use of the Website, Copyrights, Trademark, Disclaimers, Warranty Disclaimer, Limitation of Liability, Indemnification, User Information, Notice and Miscellaneous, shall survive any termination.

Notice
JumpStart Toys, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to JumpStart Toys, LLC.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of JumpStart Toys, LLC’s products and services or content accessed or downloaded from this site) shall be in the state or federal courts located in Denton County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of JumpStart Toys, LLC’s products, services or content) must be commenced within 90 days after the claim or cause of action arises. JumpStart Toys, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. JumpStart Toys, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

We're sorry, but backorders are not eligible for promotional offers, Deal of the Day or any other discount or offer.

Revisions to the Terms and Conditions may be made at any time. You are encouraged to visit this page periodically to review the current Terms and Conditions because they are binding. Some provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.

Participation Disclaimer
JumpStart Toys, LLC does not and cannot review all communications and materials posted to or created by users accessing the website, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, JumpStart Toys, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, JumpStart Toys, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to JumpStart Toys, LLC in its sole discretion. You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this website will:

  • violate any right of any third party, including copyrights, trademarks, service marks, privacy or other personal or proprietary rights;

  • be or contain unlawful, abusive, libelous, or obscene material or constitute the misappropriation of trade secrets of any third party;

  • disparage the products or services of any third party.

    You agree not to submit any personal information, other than your email address or user name, through email sent to other users or messages posted on this site by you. If you do so, we are not responsible for any damages or harm you or your child may incur.

    Tax Exempt Sales
    JumpStart Toys, LLC is a direct-to-consumer, or business-to-consumer, company. We do not honor tax exemption requests, and sales through our website, www.jumpstarttoys.com, are subject to taxes.

    Indemnification
    You agree to indemnify, defend, and hold harmless JumpStart Toys, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
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