Terms of Service - Enabled Play

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OVERVIEW

This website is operated by Enabled Play Inc. Throughout the site, the terms “we”, “us” and

“our” refer to Enabled Play Inc. Enabled Play Inc offers this website,

including all information, tools and services available from this site to you,

the user, conditioned upon your acceptance of all terms, conditions, policies

and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to

be bound by the following terms and conditions (“Terms of Service”, “Terms”),

including those additional terms and conditions and policies referenced herein

and/or available by hyperlink. These Terms of Service apply to all users of the site, including without

limitation users who are browsers, vendors, customers, merchants, and/ or

contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing

or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you

may not access the website or use any services. If these Terms of Service are

considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms

of Service. You can review the most current version of the Terms of Service at

any time on this page. We reserve the right to update, change or replace any part

of these Terms of Service by posting updates and/or changes to our website. It

is your responsibility to check this page periodically for changes. Your

continued use of or access to the website following the posting of any changes

constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in

your state or province of residence, or that you are the age of majority in

your state or province of residence and you have given us your consent to allow

any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the

Service, violate any laws in your jurisdiction (including but not limited to

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your

Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred

unencrypted and involve (a) transmissions over various networks; and (b)

changes to conform and adapt to technical requirements of connecting networks

or devices. Credit card information is always encrypted during transfer over

networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,

use of the Service, or access to the Service or any contact on the website

through which the service is provided, without express written permission by

us.

The headings used in this agreement are included for convenience only and will not limit or

otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate,

complete or current. The material on this site is provided for general

information only and should not be relied upon or used as the sole basis for

making decisions without consulting primary, more accurate, more complete or

more timely sources of information. Any reliance on the material on this site

is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is

not current and is provided for your reference only. We reserve the right to

modify the contents of this site at any time, but we have no obligation to

update any information on our site. You agree that it is your responsibility to

monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content

thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change,

suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These

products or services may have limited quantities and are subject to return or

exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our

products that appear at the store. We cannot guarantee that your computer

monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to

any person, geographic region or jurisdiction. We may exercise this right on a

case-by-case basis. We reserve the right to limit the quantities of any

products or services that we offer. All descriptions of products or product

pricing are subject to change at anytime without notice, at the sole discretion

of us. We reserve the right to discontinue any product at any time. Any offer

for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material

purchased or obtained by you will meet your expectations, or that any errors in

the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or

cancel quantities purchased per person, per household or per order. These

restrictions may include orders placed by or under the same customer account, the

same credit card, and/or orders that use the same billing and/or shipping

address. In the event that we make a change to or cancel an order, we may

attempt to notify you by contacting the e-mail and/or billing address/phone

number provided at the time the order was made. We reserve the right to limit

or prohibit orders that, in our sole judgment, appear to be placed by dealers,

resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all

purchases made at our store. You agree to promptly update your account and

other information, including your email address and credit card numbers and

expiration dates, so that we can complete your transactions and contact you as

needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any

control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without

any warranties, representations or conditions of any kind and without any

endorsement. We shall have no liability whatsoever arising from or relating to

your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and

discretion and you should ensure that you are familiar with and approve of the

terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the

release of new tools and resources). Such new features and/or services shall

also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from

third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with

us. We are not responsible for examining or evaluating the content or accuracy

and we do not warrant and will not have any liability or responsibility for any

third-party materials or websites, or for any other materials, products, or

services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services,

resources, content, or any other transactions made in connection with any

third-party websites. Please review carefully the third-party’s policies and

practices and make sure you understand them before you engage in any

transaction. Complaints, claims, concerns, or questions regarding third-party

products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without

a request from us you send creative ideas, suggestions, proposals, plans, or

other materials, whether online, by email, by postal mail, or otherwise (collectively,

‘comments’), you agree that we may, at any time, without restriction, edit,

copy, publish, distribute, translate and otherwise use in any medium any

comments that you forward to us. We are and shall be under no obligation (1) to

maintain any comments in confidence; (2) to pay compensation for any comments;

or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole

discretion are unlawful, offensive, threatening, libelous, defamatory,

pornographic, obscene or otherwise objectionable or violates any party’s

intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright,

trademark, privacy, personality or other personal or proprietary right. You

further agree that your comments will not contain libelous or otherwise

unlawful, abusive or obscene material, or contain any computer virus or other

malware that could in any way affect the operation of the Service or any

related website. You may not use a false e-mail address, pretend to be someone

other than yourself, or otherwise mislead us or third-parties as to the origin

of any comments. You are solely responsible for any comments you make and their

accuracy. We take no responsibility and assume no liability for any comments

posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To

view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical

errors, inaccuracies or omissions that may relate to product descriptions,

pricing, promotions, offers, product shipping charges, transit times and

availability. We reserve the right to correct any errors, inaccuracies or

omissions, and to change or update information or cancel orders if any

information in the Service or on any related website is inaccurate at any time

without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any

related website, including without limitation, pricing information, except as

required by law. No specified update or refresh date applied in the Service or

on any related website, should be taken to indicate that all information in the

Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from

using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts;

rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual

property rights or the intellectual property rights of others; (e) to harass,

abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate

based on gender, sexual orientation, religion, ethnicity, race, age, national

origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used

in any way that will affect the functionality or operation of the Service or of

any related website, other websites, or the Internet; (h) to collect or track the

personal information of others; (i) to spam, phish, pharm, pretext, spider,

crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere

with or circumvent the security features of the Service or any related website,

other websites, or the Internet. We reserve the right to terminate your use of

the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted,

timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be

accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel

the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The

service and all products and services delivered to you through the service are

(except as expressly stated by us) provided ‘as is’ and ‘as available’ for your

use, without any representation, warranties or conditions of any kind, either

express or implied, including all implied warranties or conditions of

merchantability, merchantable quality, fitness for a particular purpose,

durability, title, and non-infringement.

In no case shall Enabled Play Inc., our directors, officers, employees, affiliates, agents,

contractors, interns, suppliers, service providers or licensors be liable for

any injury, loss, claim, or any direct, indirect, incidental, punitive,

special, or consequential damages of any kind, including, without limitation

lost profits, lost revenue, lost savings, loss of data, replacement costs, or

any similar damages, whether based in contract, tort (including negligence),

strict liability or otherwise, arising from your use of any of the service or

any products procured using the service, or for any other claim related in any

way to your use of the service or any product, including, but not limited to,

any errors or omissions in any content, or any loss or damage of any kind

incurred as a result of the use of the service or any content (or product)

posted, transmitted, or otherwise made available via the service, even if

advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for

consequential or incidental damages, in such states or jurisdictions, our

liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Enabled Play Inc. and our parent,

subsidiaries, affiliates, partners, officers, directors, agents, contractors,

licensors, service providers, subcontractors, suppliers, interns and employees,

harmless from any claim or demand, including reasonable attorneys’ fees, made

by any third-party due to or arising out of your breach of these Terms of

Service or the documents they incorporate by reference, or your violation of

any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or

unenforceable, such provision shall nonetheless be enforceable to the fullest

extent permitted by applicable law, and the unenforceable portion shall be

deemed to be severed from these Terms of Service, such determination shall not

affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive

the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may

terminate these Terms of Service at any time by notifying us that you no longer

wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term

or provision of these Terms of Service, we also may terminate this agreement at

any time without notice and you will remain liable for all amounts due up to

and including the date of termination; and/or accordingly may deny you access

to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not

constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in

respect to The Service constitutes the entire agreement and understanding

between you and us and govern your use of the Service, superseding any prior or

contemporaneous agreements, communications and proposals, whether oral or

written, between you and us (including, but not limited to, any prior versions

of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the

drafting party.

SECTION 18 – GOVERNING LA

These Terms of Service and any separate agreements whereby we provide you Services shall be

governed by and construed in accordance with the laws of Wilmington, MA, United

States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page

We reserve the right, at our sole discretion, to update, change or replace any part of these

responsibility to check our website periodically for changes. Your continued

use of or access to our website or the Service following the posting of any

changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the