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| Terms & Conditions
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.
- Products, Content and Specifications. All features, content, specifications, products and
prices of products and services described or depicted on www.toysrus.com and www.babiesrus.com
(together this "Web Site"), are subject to change at any time without notice. Certain weights,
measures and similar descriptions are approximate and are provided for convenience purposes only. Toys
"R" Us-Delaware, Inc. ("Toys "R" Us") and GSI Commerce Solutions, Inc. ("GSI"), which operates this
Web Site pursuant to agreements with Toys "R" Us (Toys "R" Us and GSI, collectively, "we" or "us"),
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 will accurately display such colors. The inclusion of any products
or services on this Web Site 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 Web Site. By placing an order, you represent
that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is charged), non-public performance
and may not be duplicated.
- Shipping Limitations. When an order is placed, it 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 Web Site. All purchases from this Web Site are made pursuant to a shipment contract.
As a result, risk of loss and title for items purchased from this Web Site 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.
- Accuracy of Information. We attempt to ensure that information on this Web Site is
complete, accurate and current. Despite our efforts, the information on this Web Site 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 Web Site. For example, products included on this Web Site
may be unavailable, may have different attributes than those listed, or may actually carry a different
price than that stated on this Web Site. In addition, we may make changes in information about price
and availability without notice. The price displayed on the website may differ from the price for the
same item sold as in-store merchandise. 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.
- Use of this Web Site. The design of this Web Site and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this Web Site are protected by
copyright, trademark 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. The software and other
technology components of this Web Site are é 1999-2006, GSI Commerce Solutions, Inc. or its
affiliates and suppliers. The contents of this Web Site are é 2006, Toys "R" Us-Delaware, Inc., GSI
Commerce Solutions, Inc. or their respective affiliates and suppliers. All rights reserved. GSI also
owns a copyright in this Web Site as a compilation. You may not modify the information or materials
displayed on or that can be downloaded from this Web Site 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.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on
this Web Site are registered and unregistered trademarks, trade names and service marks of Toys "R" Us
or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site
are the registered and unregistered trademarks, trade names and service marks of their respective
owners, including GSI and its affiliates. Nothing contained on this Web Site grants or should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web Site without the written
permission of Toys "R" Us, GSI or such other owner.
- Linking to this Web Site. Creating or maintaining any link from another Web site to any
page on this Web Site without our prior written permission is prohibited. Running or displaying this
Web Site or any information or material displayed on this Web Site in frames or through similar means
on another Web site without our prior written permission is prohibited. Any permitted links to this
Web Site must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this Web Site may contain links to Web sites that are
not owned, operated or controlled by Toys "R" Us, GSI or their respective affiliates. All such links
are provided solely as a convenience to you. If you use these links, you will leave this Web Site.
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 Web Site, you do so entirely at your own risk.
- 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 Web Site. 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.
- User Information. Other than personally identifiable information, which is subject to this
Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how,
techniques, questions, comments or other communication you transmit or post to this Web Site 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.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THIS WEB SITE 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. NEITHER TOYS "R" US, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES 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
NEITHER TOYS "R" US, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES 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, DISTRIBUTORS AND SUPPLIERS, 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. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. 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.
- LIMITATIONS OF LIABILITY. Neither Toys "R" Us nor GSI assumes 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 Web
Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL TOYS
"R" US OR GSI, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB
SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON
ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
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. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH
THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- 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 Web Site.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement
between you and Toys "R" Us or GSI to the extent necessary to resolve any inconsistency or ambiguity
between them. These Terms and Conditions will be governed by and construed in accordance with the laws
of the State of New Jersey, without giving effect to any principles of conflicts of laws. Any action
seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in
the courts of the State of New Jersey or the United States District Court for the District of New
Jersey. A printed version of these Terms and Conditions will be admissible in judicial and
administrative proceedings based upon or relating to these Terms and Conditions to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
- Termination. You or we may suspend or terminate your account or your use of this Web Site
at any time, for any reason or for 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 aspect of this Web Site at any time without notice.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions
or if you have any questions or comments, we invite you to contact us.
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