Terms and Conditions of
Use
Terms
and Conditions of Use.
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE
OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE
THIS WEB SITE.
Tampering with
the site, misrepresenting the identity of a user, using buying agents or
conducting fraudulent activities on the site are prohibited.
1. Products, Content and
Specifications. All features, content, specifications, products, and prices of
products and services described or depicted on www.pokemonforever.net (further
known as "Website"), are subject to change at any time without
notice. Certain weights, measures and similar descriptions are approximate and
are provided for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products, including the applicable
colors; however, the actual color you see will depend on your computer system,
and we cannot guarantee that your computer monitor will accurately display such
colors. The inclusion of any products or services on this Website at a
particular time does not imply or warrant that these products or services will
be available at any time. It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item purchased
from this Website. By placing an order, you represent that the products ordered
will be used only in a lawful manner. Anime Forever reserves the right to make
changes to the Website and its Terms and Conditions of Use at any time. Each
time you use the Website, you should visit and review the current Conditions of
Use and Privacy Policy that apply to your transactions and use of this site. If
you are dissatisfied with the Website, its content, or Terms and Conditions of
Use and/or Privacy Policy, you agree that your sole and exclusive remedy is to
discontinue using the Website.
2. Order
Acceptance/Confirmation. After you place an order using our shopping cart, we
will check the information you give us for validity, by reviewing your method
of payment or shipping address. We reserve the right to reject any order you
place with us, and/or to limit quantities on any order, without giving any
reason. If we reject your order, we will attempt to notify you using the e-mail
address you have given us with the order.
We will process a refund if we reject an order and the order was paid. If
payment has been made through PayPal, we will issue a refund using the same
PayPal® payment method. If payment has been made through check or money order, we
will mail back your payment through USPS® First-Class without Delivery
Confirmation.
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. We reserve the right at any time after receipt of your order
to accept or decline your order for any reason.
3. Order
Limitations/Limited Quantities. Anime Forever may, at its own discretion,
limit or cancel quantities purchased per person, per household or per order. Anime
Forever also reserves the right to reject any order you place with us. These
restrictions may include orders placed by the same Website account, the same
credit card, and orders that use the same billing and/or shipping address. In
the event we make a change to an order, we will attempt to notify you by
contacting the e-mail and/or billing address provided at the time the order was
made.
4. Paying for Your Order. You may pay for your
orders with personal checks, money orders, cashier/s checks, travelers checks, Paypal®
or Anime Forever Online Gift Certificates and online Coupons. Paypal® can
process a major credit card issued in the United States of America without need
of signing up for a Paypal® account.
5. Shipping Limitations. All orders placed on
this site are subject to product availability and will be shipped according to
Anime Forever’s shipping policy. Orders will be shipping to an address
designated by the purchaser as long as that shipping address is compliant with
the shipping restrictions contained on this Website. All purchases from this Website
are made pursuant to a shipment contract. As a result, risk of loss and title
for items purchased from this Website pass to you upon delivery of the items to
the carrier. You are responsible for filing any claims with carriers for
damaged and/or lost shipments.
Please review the Shipping
Information/Policy page for additional information on shipping times,
rates, and policies.
6. Presell Products. All sales are final
with all products including presell products. You agree to purchase this
product at the advertised price when you submit your order. Price adjustments
will not be made if the price changes after you place the order. No refunds
will be given for any fluctuation in price.
7. Accuracy of Information. We attempt to ensure
that information on this Website is complete, accurate and current. Despite our
efforts, the information on this Website may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on this Website. For example,
products included on this Website may be unavailable, may have different
attributes than those listed, or may actually carry a different price than that
stated on this Website. In addition, we may make changes in information about
price and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any customer. We
also may require verification of information prior to the acceptance and/or
shipment of any order.
Errors on Our Site
Prices and availability of products and services are subject to change without
notice. Errors will be corrected where discovered, and Anime Forever reserves
the right to revoke any stated offer and to correct any errors, inaccuracies or
omissions including after an order has been submitted and 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, Anime Forever
will issue a credit to your credit card account in the amount of the charge.
Individual bank policies will dictate when this amount is credited to your
account.
8. Using Online Coupons. Online Coupons,
unlike credit or debit cards, are debited at the time an order is placed.
Online Coupons will automatically be redeemed to purchase totals, up to the
total purchase amount. Online Coupons must be used prior to their noted
expiration date and within a single transaction. Coupon cannot be replaced if
it is lost, stolen, deleted, or if you cancel or return your purchase. In the
event of a reduction in price below the coupon value, the excess value of the
coupon will not be refunded.
9. Sales Tax Policy. Anime Forever is
located in the state of Maryland. We collect and remit Maryland Sate sales tax
as required by law. If you have tax-exempt status, please Contact Us.
You will be required to provide your state tax-exempt certificate prior to
purchase.
10. Return Policy. All sales are final.
Refunds/exchanges are not accepted. Any issues regarding content/quality should
be directed to the manufacturer. Contact information is available upon request.
11. Use of this Website. The design of this Website
and all text, graphics, information, content, and other material displayed on
or that can be downloaded from this Website are protected by copyright and
other laws and may not be used except as permitted in these Terms and
Conditions or with prior written permission of the owner of such material. You
may not modify the information or materials displayed on or that can be
downloaded from this Website in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such information or materials for
any public or commercial purpose. Any unauthorized use of any such information
or materials may violate copyright laws, trademark laws, laws of privacy and
publicity, and other laws and regulations.
12. Linking to this Website. Creating or maintaining
any link from another Web site to any page on this Website without our prior
written permission is prohibited. Running or displaying this Website or any
information or material displayed on this Website in frames or through similar
means on another Web site without our prior written permission is prohibited.
Any permitted links to this Website must comply will all applicable laws, rule
and regulations.
13. Third Party Links. From time to time,
this Website may contain links to Web sites that are not owned, operated or
controlled by Anime Forever. All such links are provided solely as a
convenience to you. If you use these links, you will leave this Website.
Neither we nor any of our respective affiliates are responsible for any
content, materials or other information located on or accessible from any other
Web site. Neither we nor any of our respective affiliates endorse, guarantee,
or make any representations or warranties regarding any other Web sites, or any
content, materials or other information located or accessible from any other
Web sites, or the results that you may obtain from using any other Web sites.
If you decide to access any other Web sites linked to or from this Website, you
do so entirely at your own risk.
14. Inappropriate Material. You are prohibited
from posting or transmitting any unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense or give rise
to civil liability, or otherwise violate any law. In addition to any remedies
that we may have at law or in equity, if we determine, in our sole discretion,
that you have violated or are likely to violate the foregoing prohibitions, we
may take any action we deem necessary to cure or prevent the violation,
including without limitation, the immediate removal of the related materials
from this Website. We will fully cooperate with any law enforcement authorities
or court order or subpoena requesting or directing us to disclose the identity
of anyone posting such materials.
15. User Information. Other than personally
identifiable information, which is subject to this Website/s Privacy Policy,
any material, information, suggestions, ideas, concepts, know-how, techniques,
questions, comments or other communication you transmit or post to this Website
in any manner ("User Communications") is and will be considered
non-confidential and non-proprietary. We and our respective affiliates and our
or their designees may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial purposes.
We may, but are not obligated to, monitor or review any User Communications. We
will have no obligation to use, return, review, or respond to any User
Communications. We will have no liability related to the content of any such
User Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. We retain the right to remove any or all User
Communications that includes any material we deem inappropriate or
unacceptable.
16. DISCLAIMERS. YOUR USE OF THIS SITE
IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH
THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ANIME FOREVER DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON
OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON
OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND ANIME FOREVER DOES NOT MAKE
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
17. LIMITATIONS OF
LIABILITY. Anime Forever does not assume any responsibility, or will be
liable, for any damages to, or any viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing this Website, or your downloading of any
information or materials from this Website.
Under no circumstances shall Anime Forever or its Associates be liable for any
direct, indirect, incidental, special or consequential damages that result from
your use of or inability to use the Website, including but not limited to
reliance by you on any information obtained from the Website that results in
mistakes, omissions, interruptions, deletion or corruption of files, viruses,
delays in operation or transmission, or any failure of performance. The
foregoing Limitation of Liability shall apply in any action, whether in
contract, tort or any other claim, even if an authorized representative of Anime
Forever has been advised of or should have knowledge of the possibility of such
damages. User hereby acknowledges that this paragraph shall apply to all
content, merchandise and services available through the Anime Forever Web site.
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.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
18. Revisions to these
Terms and Conditions. These Terms and Conditions may be revised at any time and from
time to time by updating this posting. You should visit this page from time to
time to review the then current Terms and Conditions because they are binding
on you. Certain provisions of these Terms and Conditions may be superseded by
legal notices or terms located on particular pages of this Website.
19. Termination of Use. We may suspend or
terminate your account or your use of this Website at any time, for any or no
reason. You are personally liable for any orders placed or charges incurred
through your account prior to termination. We reserve the right to change,
suspend, or discontinue all or any aspects of this Website at any time without
notice.