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Terms and Conditions (Version 1.0, dated November 25, 2012) INTRODUCTION This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, subscribing and all other activities you choose to participate in on our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between this website, its parent corporation Paradox M, Inc., any legally assigned third parties and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site. In the event that no subscription, purchase, or other services listed below are made available on our website the terms below will remain in effect. In some cases we may choose to manage our services including sales of products, subscriptions to our mailing list, and other services listed below or ommitted below via third party websites such as ebay.com. In the event you utilize any third party website in order to make a purchase from us or subscribe to our mailing list then you must agree to abide by the unique terms and conditions made available on that website. We make no guarantees regarding the availability of third party services or enforcement of any agreements you enter in to by using third party websites unless otherwise stated in writing. Use of the site & PROHIBITIONS The Site may allow you to post offers, bid and shop online. However, you are prohibited in those cases from doing any of the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) post false, inaccurate, misleading, defamatory, or libelous content; (c) take any action that may damage the rating system. Payments AND PROCESSES OF INVOICES Generation X Toys has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Generation X Toys prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Generation X Toys has all the discretion to cancel or deny orders. Generation X Toys is not responsible for pricing, typographical, or other errors in any offer by Generation X Toys and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Generation X Toys reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. Refund Policy RISK OF LOSS PRODUCT PRICING & DESCRIPTIONS The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Editing, Deleting and Modification We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Acknowledgment of rights Fraud FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Generation X Toys shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less. NON-WAIVER MISCELLANEOUS In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
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