Terms and Conditions |
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Policy
Terms and Conditions
These terms and conditions are an agreement
between you and ProPlay North America, LLC. ("Company").
Please read these terms and conditions carefully. These Terms
and Conditions apply to the Company’s website, with a homepage
located at www.proplayna.com (the "Website"). "You"
or "your" refers to the person using this Website. These
Terms and Conditions describe the rules that apply to your use
of this Website. Company may change these Terms and Conditions
at any time, and such changes will be posted on the Website and
are effective as of the time of such posting. By using this Website
you agree to the current version of the Terms and Conditions as
well as the Privacy Privacy Policy documented on this website.
1. Ownership and Use of Materials. The materials on this Website
belong to the Company and/or its third party licensors. There
are some important rules about using, copying, and sharing these
materials. You may download, print, or forward a copy of the materials
on this Website only for personal, noncommercial use. When you
download or print a copy of the materials on this Website, you
must also include all copyright and other notices that are in
the materials, including the copyright notice on the bottom of
the page. You may not alter the appearance or contents of any
of the materials on this Website.
The materials on this Website are protected by
United States and foreign copyright laws. If you use the materials
in a way that is not clearly allowed by these Terms and Conditions,
you are violating your contract with us and may be violating copyright,
trademark, and other laws. In that case, Company automatically
revokes your permission to use the materials and you must immediately
destroy any copies you have made. Title to the materials remains
with Company or its third party licensors. All rights not expressly
granted are reserved.
2. Your Conduct. You agree to follow the conduct rules listed
below. If you fail to follow these conduct rules, the Company
may, in its sole discretion, terminate or suspend your ability
to use this Website. In addition, the Company will cooperate with
legal authorities, where appropriate, and may pursue any other
legal and equitable remedies including but not limited to monetary
damages.
a. You will not knowingly provide or post any false,
misleading, or fraudulent information.
b. You will not use this Website for any illegal
purpose, nor will you provide or post any material or information
in violation of any applicable law or regulation.
c. You will not hold yourself out as someone you
are not or otherwise impersonate any person.
d. You will not interfere or tamper with the functioning
of this Website, nor will you attempt to gain access to information
or control of the Website not specifically granted to you.
e. You will not use this Website to transmit any
virus or similar destructive program or code.
3. Notification of Violations by Others . If you
are aware of any improper behavior by any other website users,
please report this information to us immediately at:customerservice@proplayna.com.
4. Links to Other Websites. This Website may contain
links to websites operated by other parties. The linked websites
are not under the control of the Company, and the Company is not
responsible for the content available on any other websites linked
from this Website. The appearance of the links does not imply
Company's endorsement of material on any other website and Company
disclaims all liability with regard to your access to or use of
such linked Websites.
5. Contents of Website . The Company may change
the contents of the Website and the services offered through the
Website at any time.
6. Advertising . This Website may include advertisements
for products or services offered by other companies. The Company
may receive payment from these advertisers. Although Company believes
you may find the information offered by advertisers to be helpful,
Company does not endorse or guarantee any product or service offered
by advertisers.
7. Use by Adults Only. You must be at least 18
years old to use this Website. Pursuant to the terms of the Children’s
Online Privacy Protection Act, Company does not knowingly collect
any personal information from children under 13. If you believe
Company has obtained any information from a child under 13 please
report this to us at privacy@proplayna.com
and the Company will take appropriate action.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS
IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED
OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS
FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT
COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO
ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE
OF THE WEBSITE.
COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR
USE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT
LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR
INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE
OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS
IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS
IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED
ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
CERTAIN JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING
EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING
EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnity. You agree to indemnify, defend and hold the Company,
its directors, officers, shareholders, employees, representatives
and assigns (collectively, "Affiliates") harmless from
and against any and all costs, liabilities, losses, and expenses
(including, but not limited to, reasonable attorneys' fees) resulting
from any claim, suit, action, or proceeding brought by any third
party against the Company or its Affiliates alleging or arising
from or related to your use of the Website or any breach of these
Terms and Conditions by you. This paragraph survives expiration
or termination of your membership or these Terms and Conditions.
10. Geographic Scope. The Company Website is operated
by ProPlay North America, LLC. from its offices in Roselle, U.S.A.
The Company welcomes visitors from around the world, however Company
makes no representation or warranty that the contents of the Website
are appropriate or permitted by the laws and regulations of countries
other than the U.S.A. If you choose to access the Website from
other countries you do so at your own risk, and are responsible
for compliance with applicable local laws. Please note that the
Company does not conduct business (sales or shipping) beyond the
borders of the U.S.A.
11. Choice of Law/ Disputes. You hereby agree that
the only proper jurisdiction and venue for any dispute with Company,
or in any way relating to your use of this Website, is in the
state and/or federal courts in the State of Illinois, U.S.A. You
further agree and consent to the exercise of personal jurisdiction
in these courts in connection with any dispute involving Company
or its affiliates, employees, officers, directors, agents, and
providers. Any claims relating to the information, services or
products available on this Website will be governed by the laws
of the State of Illinois, excluding the application of its conflicts
of law rules. You agree that any cause of action arising out of
or relating to these Terms and Conditions or your use of the Website
will be commenced by you within one (1) year after such cause
of action arose. Actions not commenced by you within one (1) year
are permanently barred. This paragraph survives expiration or
termination of these Terms and Conditions.
12. Miscellaneous. If any provision of these Terms
and Conditions is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall continue to
be enforced. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of
such section. You may not sell, assign, or otherwise transfer
your account. Company may assign or transfer its rights with regard
to your Account and these Terms and Conditions. Company's failure
to act with respect to any failure by you or others to comply
with these Terms and Conditions does not waive Company's right
to act with respect to subsequent or similar failures. These Terms
and Conditions set forth the entire understanding and agreement
between us with respect to the subject matter hereof. This paragraph
survives expiration or termination of these Terms and Conditions.
Product Display/Colors . The Web site attempts
to display product images shown on the site as accurately as possible.
However, we cannot guarantee that the color you see matches the
product color, as the display of the color depends, in part, upon
the monitor you are using.
Errors on Our Site. Prices and availability of
products and services are subject to change without notice. Errors
will be corrected where discovered, and the Company 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 or Gift
Card charged. The Company reserves the right to decline any transaction
for any reason it deems necessary. If your credit card or Gift
Card has already been charged for the purchase and your order
is cancelled, the Company will issue a credit to the same credit
card or Gift Card account in the amount of the charge. Individual
bank policies will dictate when this amount is credited to your
account. If you are not fully satisfied with your purchase on
the Website, you may return it in accordance with the Company’s
Return Policy.
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Privacy Statement
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY.
The only personal information we collect is the
personal information you choose to give us. The purpose of this
Privacy Statement is to inform you about the information we gather
on this website and how we use that information.
This Privacy Statement applies only to the ProPlay
North America, LLC. ("Company") website, with a homepage
located at www.proplayna.com (the "Website"). This Privacy
Statement does not apply to any other websites, and the Company
makes no representations as to the privacy practices of other
websites.
We may change this Privacy Statement at any time
and for any reason. We encourage you to look to this Privacy Statement
each time you visit the Website. By using this Website, you agree
to the terms of this Privacy Statement and the Terms and Conditions
documented on the Website.
PROTECTING YOUR PRIVACY.
The ways we protect and use information collected
over this Website depends upon the type of information involved.
Certain personal information, such as your full name or credit
card information, is used only for limited purposes. Other information,
such as which page on the Website is the most popular, is not
deemed confidential and may be shared with third parties.
WHAT IS NON-PERSONAL INFORMATION?
Each time a computer visits this Website we may
collect certain information from that computer. This information
is automatically collected from the computer’s web browser
and may include information such as the following ("non-personal
information"):
• The type of web browser software the computer
uses (for example, Netscape Navigator or Internet Explorer)
• The name of the domain from which the computer accessed
the Internet
• The Internet address of the website from which the computer
linked directly to the Website
• The date and time the computer accessed the Website
Non-personal information does not tell us who you
are.
Also, we may place a text file called a cookie
in the browser files of computers that visit this Website. Cookies
are pieces of information issued by a website that, among other
things, allow your computer to utilize all the features on this
Website. If and when your computer accepts a cookie, the cookie
may be stored on the computer’s hard drive. The information
that we collect using cookies is non-personal information.
US Government Information Bulletin (I-034) contains
a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml.
You may decline our cookies if your browser permits, but some
parts of the Website may not work properly if you do so.
WHAT DO WE DO WITH NON-PERSONAL INFORMATION?
We will use non-personal information to help us
make the Website more useful to visitors and for other business
purposes. For example, we may tell business partners how many
computers visited this Website or what pages were most popular.
We may prepare reports and other materials using non-personal
information. Since these reports and materials contain no personal
information, we may share them with others.
WHAT IS PERSONAL INFORMATION?
In the process of registering for an Account, in
making a purchase, or in using this Website, some visitors may
choose to provide us "personal information". Personal
information includes information that tells us specifically who
a person is, such as a person’s name, email address, financial
information, or similar information.
HOW DO WE USE PERSONAL INFORMATION?
If you submit personal information, you agree that
we may keep a record of the personal information. For example,
we may keep a record of your name and e-mail address in order
to keep track of the username and password we assigned to you.
We also may use personal information to help us in our business,
including but not limited to improving this Website, marketing,
product development, or to contact you if necessary for business
purposes. You also agree that we may share personal information
with other businesses that help us with these activities. For
example, if you pay for your purchase by credit card, we will
share your personal information with financial services companies
so that we can process your payment. These other companies may
not use or share your personal information with others except
for the purpose of assisting us with our business activities pursuant
to our request. Also, we may share personal information with other
companies we do business with, such as business partners, affiliates,
or successors.
We may also share personal information if required
to comply with a law, regulation, court order, or other legal
process. We may share personal information if necessary to protect
our legal rights or property.
WHAT ABOUT PRIVACY ON OTHER SITES?
This Website may contain links to other websites.
We provide these links for your convenience, but we do not review,
control, or monitor the privacy practices of websites operated
by others. We are not responsible for the performance of these
sites or for your business dealings with them. Your use of other
websites is subject to the terms and conditions of those websites,
including the privacy policies of those websites.
ARE THERE SPECIAL RULES ABOUT CHILDREN’S
PRIVACY?
This Website is designed for an adult audience
only, and children should not use this Website. We will not intentionally
collect online any personal information (such as a child’s
name or e-mail address) from children under the age of 13. If
you think that we have collected personal information from a child
under the age of 13, please email us at privacy@proplayna.com
or send us a letter addressed by First Class Postage Prepaid U.S.
Mail or overnight courier to the following address:
ProPlay North America, LLC
C/O Online Privacy Dept.
928 Central Rd.
Roselle, IL 60172
HOW TO CONTACT US?
If you have questions or comments about this Privacy
Statement, please send an email to privacy@proplayna.com or send
us a letter addressed by First Class Postage Prepaid U.S. Mail
or overnight courier to the following address:
ProPlay North America, LLC
C/O Online Privacy Dept.
928 Central Rd.
Roselle, IL 60172
Secure Shopping Environment
At proplayna.com, we know your personal information is important.
That’s why we always use an encryption protocol known as
Secure Socket Layer (SSL). SSL is an industry standard encryption
that helps to protect Internet communications and to keep your
personal information private. However, as with all aspects of
the Internet, there can be no absolute assurance that certain
data might not become compromised. Most credit card companies
provide protections against fraudulent activity. Please review
the terms related to your chosen credit account provider if you
have further questions on this matter. If you believe there is
a security issue related to this website, please contact us immediately
at privacy@proplayna.com.
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Return Policy
ProPlay North America LLC® offers a 30-day
return or exchange on most products. If you are not satisfied
for any reason, you may return it to us for a full refund less shipping if it
is:
• New and unused
• In its original packaging
• Accompanied by a copy of the packing list provided with
the original purchase
The following products may NOT be returned:
• Special or Custom orders
• Merchandise that has been used
• Gift Cards
• Pre-recorded videos or DVDs that have been opened
• Items not purchased at proplayna.com
The return must be initiated within 30 days of your receipt of
the merchandise. Exceptions may apply for gift items. For your
convenience, any item purchased on-line at proplayna.com can be
returned to ProPlay NA.
If returning to proplayna.com, you are responsible
for all freight charges. However, you will be credited for shipping
if the product was damaged or defective, or the wrong item was
shipped. Merchandise returned C.O.D. will not be accepted.
Refunds will be credited to the original purchasing
credit card account number or purchasing gift card only.
How to Return Merchandise
Return it by using a parcel service.
Parcel Service
We recommend using FedEx or insured parcel post (to enable tracking)
when returning merchandise to proplayna.com. We will do our best
to process your return quickly.
Refunds will be credited to the original purchasing
credit card account number or purchasing gift card. For returns
via parcel service, please allow 30 days after we receive your
return for credit to be issued to your account. We do not exchange
mailed-in returns.
Please follow these directions to return by parcel
service (UPS or insured parcel service):
• A return form is included in each order. This form needs
to be filled in completely to properly and efficiently process
your return.
• Include all original packing materials and carton, manuals
and accessories with the product.
• You are responsible for all freight charges. However,
you will be credited for shipping if the product was damaged or
defective upon receipt, or the wrong item was shipped. Please
include the shipping receipt in your return package to ensure
proper credit.
Ship your return to:
ProPlay North America, LLC
928 Central Rd.
Roselle, IL 60172
If you’d like to initiate a return through a ProPlay North
America LLC® Customer Service Representative, please contact
us at 630.980.3100.
Credit
Qualifying returns to proplayna.com, will be refunded for the
amount paid for the product, including any sales tax if applicable.
The customer is responsible for the original freight charges and
any return freight charges, except as noted below. Credit will
be applied to the original purchasing credit card account number
or purchasing gift card within 30 days from the time we receive
your returned shipment.
Credit can only be issued if the item being returned
is:
• New and unused
• In its original packaging
• Accompanied by a copy of the packing list provided with
the original purchase
If your return is due to damaged or defective merchandise,
or the item was shipped in error, you will be refunded your entire
purchase amount, including shipping. Your return shipping will
also be credited. To ensure proper credit for your return shipping,
please include a copy of the shipping receipt in your return package.
Any item determined to be ineligible for credit
will be documented and your options will be communicated to you
via e-mail. Failure to respond to the options outlined in the
timeframe documented in the e-mail will result in the items being
returned to you.
Damaged or Defective Items
If an item(s) reaches you that appears to have been damaged in
shipping or was defective out of the box, save the shipping carton
and please contact a ProPlay Customer Service Representative for
immediate assistance.
All claims for goods damaged in shipping must be
made with the carrier within 10 days of the invoice date. If you
return items damaged in shipping to ProPlay North America LLC®
without first contacting a ProPlay Customer Service Representative
you may lose your right to make a claim with the carrier.
Warranty Claims
Most products sold by proplayna.com carry a manufacturer’s
warranty. Warranty claims are subject to the discretion of the
original product manufacturer. Warranty information is included
with many manufacturers’ products, or may be found on their
web sites. Should you have a problem with any item covered under
a manufacturer’s warranty, ProPlay North America LLC®
will do its best to assist you. Due to restrictions on accepting
warranty returns at proplayna.com, please contact a ProPlay Customer
Service Representative prior to returning any merchandise to proplayna.com
for warranty consideration.
Shortages
Depending on the type of product ordered, some orders may ship
in multiple cartons and may arrive in separate cartons on a different
day. Before contacting ProPlay® to report a shortage, please
check your packing slip to verify what was shipped on the order
you received. Please note that all claims for shortages must be
made with the carrier within 10 days of the invoice date. Contact
a ProPlay Customer Service Representative immediately for assistance
in reporting a shortage.
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privacy@proplayna.com
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