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Conditions Of Use
Posted On: August 7th, 2012
This site is provided by ThinkGeek, LLC. Like most online retailers, we offer the use of this website under a set of legal terms that are designed to keep our operation efficient. This efficiency, in turn, helps us reduce costs and provide you with lower prices for our products. These conditions of use are stated below, and your use of the site indicates that you agree to abide by these conditions of use.
You can contract ThinkGeek by email, by phone at (866) 806-8865, and by mail at:
650 S. Cherry Street
Denver, Colorado 80246.
ThinkGeek will have the right to cancel any order at any time.
We ship our products using nationally recognized carriers. You will take title to products sent to you at the time we pass them to the shipper, and you will bear the risk of loss during shipping. If you fail to receive a product, please contact the shipper directly, with a copy to firstname.lastname@example.org. You may view the Shipping Policy here.
RETURNS & EXCHANGES
We want you to be happy with your purchase. If you aren’t, then you can return unused products within 30 days from the delivery date. To return a product, request a return authorization number from email@example.com. Include your order number (found on your purchase confirmation email) in the request. We will pay for return shipping only in cases of defective products or mishandled orders and only when they are accompanied by a return authorization number. You will hold title to the products until they are received at our returns center, such that you will bear the risk of loss during shipping.
DISCLAIMER OF WARRANTIES This site and the related products and services are offered on an “as is” and “as available” basis, disclaiming all warranties, including specifically the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATIONS OF DAMAGES
In disputes arising from your use of this site or the related products or services, we will not be liable for anything other than direct damages (for example, excluding indirect, incidental, consequential, or punitive damages). The total amount of damages awarded to you will also be limited to amounts previously paid by you to us.
ARBITRATION OF DISPUTES
Disputes between us will be decided through binding arbitration, conducted on an individual (rather than a class) basis. As such, you waive the rights to have disputes decided on a class basis, to have the disputes heard in court, and to have the dispute decided by a jury. Arbitration will be conducted by the American Arbitration Association (a not-for-profit organization that provides alternative dispute resolution to individuals and organizations). For all claims totaling less than $10,000, we will reimburse you for any part of the filing, administration, and arbitrator fees that you would otherwise be required to bear over and above the costs of pursuing the same claim in court, and we will not seek an award of attorneys’ fees or costs, unless the arbitrator determines that your claim was frivolous.
CHOICE OF FORUM AND LAW
Disputes will be heard in Denver county, Colorado. You will have the right to participate in any arbitration hearing by telephone. Arbitrated disputes will be conducted according to the procedural rules of the American Arbitration Association, but this agreement will control in the event of any conflict between those rules and the terms explicitly provided herein. Disputes will be decided by the arbitrator under the substantive laws of the United States and Colorado, including the Federal Arbitration Act.
You will not access this site with malicious intent toward us, other users, or the companies whose brands are found on products at the site. You will not access data or other content other than as it is provided to you through a standard web browser interface, and you will not attempt to use data or other content for any purpose other than the use of this site and its related products and services. You will not interfere with the functioning of this site.
The content on this site and on the related products is either owned by ThinkGeek or is owned by third parties and used under license by ThinkGeek. You are not granted any license to use this content and will not reproduce, transmit, distribute, display, modify, create derivative works of, or mark other products or services with this content.
You will not contribute content to the site that creates any risk of liability to a third party (for example, content that is libelous or that infringes a third party’s proprietary rights). Conforming content contributed to the site by you (for example, your reviews of products or your submission of product ideas) and all right, title, and interest to the intellectual property embodied in such content, will be deemed assigned to ThinkGeek as of the date of contribution.
You will indemnify and hold harmless us, other users, and the companies whose brands are found on products at this site from any claim arising from your acts or omissions, including your breach of any of these Conditions of Use. Severability Some jurisdictions limit the extent to which parties can agree to limit warranties, procedures, or remedies. If any part of this agreement is held to be unenforceable, it will be deemed to have been timely amended so as to as closely as possible reflect the original intent in accordance with applicable law. If any part of this agreement cannot be so saved from unenforceability, then it will be severed from this agreement, with the remainder surviving.
These Conditions of Use are the complete agreement between us with regard to your use of this site and the related products and services, and you agree that your use and purchases are not based upon reliance on any representation not included in these Conditions of Use.
We may amend these Conditions of Use by posting a revision, which will then apply to all uses of the site and related services and products made after the posting date.