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Disclaimers and Legal Information
Brain-Fun.com and the Brain-Fun.com logo are marks of Brain-Fun.com. The entire web site is under Copyright protection. All Rights Reserved, unless otherwise specified. Other company logos and product names are the trademarks of their respective owners.
Accuracy of Information
Brain-Fun.com works to provide accurate information on its website; however Brain-Fun.com will not be liable or responsible for any and all errors and inaccuracies. You hereby release Brain-Fun.com, its directors, officers, employees and agents from and against any and all claims, demands and actual, incidental and/or consequential damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Purchases occurring Outside the United States
Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Purchasers outside the United States of America must follow all U. S. export control restrictions. This law forbids the sale certain restricted technology outside the U. S. It is the sole responsibility of the Buyer in researching and determining such restricted technology from leaving the United States. Brain-Fun.com expects all its Buyers visiting its sites to fully comply with all Local, State, and U.S. State Department laws and Brain-Fun.com will not be liable or liable for your noncompliance. Any customers in the European Union hereby unilaterally consent to the processing of their personal information in the United States.
eCommerce Purchase Agreement
Brain-Fun.com will from time to time at its sole discretion modify this eCommerce Purchase Agreement, in whole or in part, at any time and without notifying you, by simply posting said changes to the website. It is your sole responsibility to periodically review the eCommerce Purchase Agreement to be informed of any modifications. Your continued use of Brain-Fun.com after we have posted any changes is deemed to be acceptance by you.
Terms and Conditions of Sale
Sales, Payments, Taxes and Pricing
We do not require an online purchase agreement or faxed hard copy for PO orders. We will recognize all online orders submitted as valid Purchase Orders. The customer agrees that orders submitted online will be deemed legally binding Purchase Orders, and that the Customer will not contest the validity or enforcement of any obligation.
You as the Purchaser hereby agree to pay the unit price of each product or service and all its applicable sales taxes purchased via Brain-Fun.comand ("Seller(s)") as set forth in this eCommerce Purchase Agreement. At the Seller's discretion, the transaction may be conducted in a tax-free area.
Shipping and Installation
Brain-Fun.com is not responsible for any and all preparation for delivery of any product or service. Purchaser accepts that they is solely responsible for any and all expenses relating to shipping, handling and insurance expenses incurred by Seller.
Risk of Loss, Title, Security Interest, and Remedies of Default
Risk of Loss shall pass to Purchaser upon delivery of common carrier or Purchaser's delivery agent. Title and ownership of each product or service sold pursuant through the Brain-Fun.com service shall remain with Sellers until such time payment is made in full, including any and all additional charges provided herein. Purchaser hereby expressly agrees to keep in full force, fire, theft, transportation, and accident insurance for the benefit of both parties until delivery to the intended place of delivery of Purchaser.
Seller reserves, and Purchaser grants to the Seller, a purchase money security interest (PMSI) in the equipment sold hereunder as security interest until such time Purchaser has completed of its obligations under the eCommerce Purchase Agreement. The Seller may file PMSI in accordance with the Uniform Commercial Code in lieu of a financing statement.
If the Purchaser fails to perform any of it obligations pursuant to the terms and conditions set forth herein or defaults in payment of any charges due to Seller hereunder, Seller may at its option, do the following:
a. Terminate the eCommerce Purchase Agreement upon either verbal or written notice to Purchaser;
b. If eCommerce Purchase Agreement is terminated or not, Seller may take possession of any and all products listed in the eCommerce Purchase Agreement, or in any attachment hereto, wherever situated, and for such purpose, enter upon any premises to take possession of any and all products listed without any liability for doing so;
c. Retain all or a portion of the security deposit, if any had been paid by the Purchaser, as an offset to Purchaser's liability for such default. Repossession of the product, if at Seller's discretion, shall not be deemed a waiver of Seller's right to damage it may sustain as a result of Purchaser's default and Seller shall have the right to enforce any other legal remedy as provided by law. Purchaser shall in any event remain fully liable for damages resulting from breach including, but not limited to, all costs and expenses incurred by Seller on account of such breach including court costs and all attorneys' fees. The rights afforded Seller hereunder shall not be deemed exclusive, but shall be in addition to any rights or remedies provided by law.
THESE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. BUYER ACCEPTS AND ACKNOWLEDGES THAT THEY ARE NOT RELYING ON THE SELLER' KNOWLEDGE, SKILLS OR JUDGMENT TO SELECT OR SUPPLY ANY SPECIFIC PRODUCT OR SERVICE FOR ANY PARTICULAR PURPOSE AND THAT ALL WARRANTIES ARE CONTAINED SOLELY IN THIS eCommerce PURCHASE AGREEMENT, NO OTHER SUCH WARRANTIES SHALL EXIST OUTSIDE THIS eCommerce PURCHASE AGREEMENT. SELLER SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL AND INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OF THE PRODUCT OR SERVICE AND ITS USE BY THE PURCHASER.
d. RETURNS. At the sole discretion of the Seller, the product that Seller agrees to return will be assessed a 20% restocking fee, plus all shipping and handling charges and the difference will be deducted from the original sales price and the balance may be returned.
e. FORCE MAJEURE. Seller shall not be liable for any failure or delay in furnishing the product or service.
f. JURISDICTION; VENUE. Both the Seller and the Purchaser hereby consent to jurisdiction in the 3rd Circuit court in the County of King for the State of Washington only, for the purpose of resolving all issues of law, equity, or fact arising out of or in connection the Sales Agreement, purchase or any other matter related directly or indirectly; or any other instrument or document executed or delivered in connection therewith or with supplementation or amendment thereof, and that venue for the purpose of all such suits shall be in the County of King, State of Washington only.
1. The eCommerce Purchase Agreement, and the terms and conditions set forth herein constitutes the entire agreement between the Seller and the Purchaser with respect to the purchase of any product or service through the Seller and this supersedes all prior communications and or correspondence between the parties (including but limited to any purchase orders, electronic inquiries facsimiles, letters, phone calls by the Purchaser to the Seller). No provision of the eCommerce Purchase Agreement or the terms and conditions set forth shall be deemed waived or modified by the Seller.
2. Neither the eCommerce Purchase Agreement, nor any approval or consent provided herein shall be binding upon the Seller. The eCommerce Purchase Agreement shall be deemed to been made in the State of Washington and shall be governed by the laws of the State of Washington.
3. Any ambiguities, misprints, errors or omissions in this eCommerce Purchase Agreement and/or other documents for Brain-Fun.com shall be to the benefit of the Seller and not to Purchaser.
4. All notices herein shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, to the address of the other party as set forth below, or to such other address as such the party shall have designated by proper notice.
5. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted.
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