ProPlay North America

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 877.980.3105.

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