1. ACCESS CONTRACT.
Momentum Options This Access Contract sets forth the terms between you and us, Jungle Toy, LLC, regarding your access to and use of our Web Sites http://www.jungletoy.com/, http://www.airsoftairsoft.com/, http://www.airsoftspecialist.com/, and http://www.airsoft128.com/ and their content, services and upgrades (the "Site"). You may not access the Site unless you agree to this Contract by clicking the "I AGREE" icon below. THIS CONTRACT CONTAINS WARRANTY DISCLAIMERS (PARAGRAPH 11.) OTHER LIABILITY LIMITATIONS (PARAGRAPH 12.) AN EXCLUSIVE REMEDY (PARAGRAPH 13.), AN EXCLUSIVE FORUM FOR RESOLVING DISPUTES (PARAGRAPH 20.) THAT ALL FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. LEGAL AGE
By accessing the Site, you certify that you are older than 18 years of age or the age of majority where you live, whichever is older; that you are the owner of any credit card used to purchase on items on the Site; that you are familiar with all local laws in your area affecting your legal right to access airsoft products; that any products you buy are for your own private enjoyment and that you will NEVER share these products with a minor in ANY WAY.
AND ACCESS RESPONSIBILITIES
If you sign-up to become a Member, we will give you a username and password that entitles you to access various portions of the Site and its services. You must maintain the confidentiality of your password, as you are responsible for all activity initiated by it. Under no circumstances may you allow anyone who is under 18 years of age or the age of majority where you live, whichever is older, to use your password or to access the site for any reason.
Any prices shown on the Site are suggested prices only and subject to change. No prices are final until you check out and you credit card is approved.
5. LIMITED USE
The information on our Site is for your personal, private, non-commercial use only. We grant you a limited, non-exclusive, non-transferable license to download onto a single computer or to print one copy of the information on the Site designated for such use. We reserve the right to change or limit the information available for downloading or printing at any time in our sole discretion without notice to you. You may not: (i) modify any information on the Site; or (ii) use any information on the Site for any public distribution, performance, display, sale, rental or use.
6. MAKING SUGGESTIONS.
We always appreciate suggestions to improve our products or services. You grant us a worldwide, perpetual, non-exclusive, irrevocable, transferable, royalty-free license to use, copy, edit, adapt or exploit any suggestion you send us as we deem fit in our discretion.
7. SITE LINKS.
You must obtain our written consent to establish a hypertext link to our Site or to distribute, modify or re-use any text, graphics or other information on our Site. If our Site contains hypertext links to other web sites, we not responsible for their contents or links on any linked site. We provide links to other sites only as a convenience, and the inclusion of any link on our Site does not imply our endorsement of any linked site or its content or conduct.
AND USAGE INFORMATION.
We may use software that automatically tracks performance and usage information to evaluate the Site. The software will not personally identify you. You may opt out of the uploading of your usage information, but not performance information, as indicated on the Site.
We reserve the right to change, increase or delete any content, material, services, information or functionality on the Site at any time and from time to time in our sole discretion without prior notice to you. However, we make no commitment to so.
We may change the terms of this Contract from time to time based on legal requirements or other matters we deem appropriate. We will provide prior notice of any such change by posting notice on our Site before it becomes effective. Your continued access to the Site after the effective date of any changes shows your acceptance of the change to this Contract.
WE ARE PROVIDING YOU ACCESS TO THE SITE AND ITS SERVICES AND CONTENT "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. WE MAKE NO WARRANTIES, AND DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, COMPLETENESS, TITLE, EXCLUSIVITY, QUIET ENJOYMENT, NO ENCUMBRANCES AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
JungleToy offers 14 days warranty on all gas and auto electric guns (AEG) only. Any alterations or modifications to the product unauthorized by JungleToy staff will cause all warranties to void. We do not offer warranties on spring guns and mini electric guns. No warranty is provided to any products sold at Wichita-Kansas store, Mission-Kansas store, and Grandview-Missouri store. No Exceptions
In your use of the Site you agree we are not liable for: (1) any information or material you receive that is infringing, inaccurate, obscene, defamatory or illegal; (2) any third party's unauthorized access to or alterations of your account, transmissions or data; (3) any viruses or other disabling code that may infect your computer or affect your use of the Site, your other services, hardware or software; (4) any incompatibility between the Site and your other services, hardware or software, or (5) any delays or failures you may experience in initiating, conducting or completing any transmissions to or transactions with the site.
AND DAMAGES LIMITATION.
Our total liability under this Contract for any breach or your inability to access or use the Site is limited to your actual, direct damages, if any. In no event will either of us be liable for any consequential damages or "lost profits." This exclusion of consequential damages is independent of any other remedy and survives even if such remedy fails of its essential purpose.
15. SCOPE OF
The disclaimers, exclusions and limitations in paragraphs 11., 12., and 13. apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections given you under such law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, or liability for consequential damages, or other matters, some or all of such disclaimers, exclusions or limitation may not apply to you.
NOTICE TO US.
You may send notice to us by e-mail, by calling our customer service department, or by writing to us at the locations in the Customer Support section of our Site. We agree that electronic notice will be deemed received by us when our server sends a return message to you acknowledging receipt. We reserve the right to change this information from time to time and post the new information on the Customer Support area of our Site. Make sure to examine the Customer Support area of our Site for the most current information for sending notice to us.
NOTICE TO YOU - ELECTRONIC NOTICE.
You consent to receiving any notice from us in electronic form either: (1) by sending e-mail to the e-mail address you specified when you signed up or (2) by posting the notice on a location on our site designated for such purpose. Notices sent to you by e-mail will be deemed received when the e-mail service indicates transmission to your e-mail address. You confirm the e-mail address you gave when you signed up is a current and valid one for receiving notice, and that your computer has hardware and software configured to send and receive e-mail via the internet and to print any e-mail message you receive. You may change this consent at any time and request paper notice by normal postal delivery, but if you do we may cancel your Membership. We may collect the reasonable cost and postage of providing such paper notice.
COMMUNICATIONS NOT PRIVATE.
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us or from us should be considered as open communications readily accessible to the general public. You should not use the Site for any communication only intended for the sender and intended recipients. All messages sent to the Site may be read by users or operators of the Site regardless if they are intended recipients.
The Site is operated by us from our offices in Orange County, California, United States of America. We make no representation that the information or materials available on the Site are appropriate, available or authorized for use in any other locations. Any access to the Site from any jurisdiction where any information of content on the Site is illegal is prohibited.
This Contract will be governed by and interpreted under the laws of the State of California. Any disputes regarding either of our rights or remedies arising from this Contract will be resolved under California law, except only to the extent consumer protection laws in your state of residence in the United States require their application instead.
We both agree that all disputes, claims or controversies arising out of or related to this Agreement or your use of the Site will be resolved by neutral, binding arbitration by JAMS in Orange County, California under the JAMS Streamlined Arbitration Rules and Procedures, including all JAMS Minimum Standards of Procedural Fairness for Consumer Arbitrations in Pre-Dispute Clauses, both as effective in June 2003, or such later revision as may be effective on the date of submission to arbitration to the extent it does not reduce your rights under the June 2003 version. The arbitrator will have the authority to consider any statutory or other claims available to a consumer under applicable federal, state or local laws that are within the scope of the submission to arbitration and to award all damages or other remedies under applicable consumer law. Pursuant to the JAMS rules, as an alternative to arbitration you may pursue any claim you have in small claims court to the extent it has jurisdiction, and if you file a small claims action then the matters in the small claims action will not be subject to arbitration.
23. PLACE FOR
The exclusive forum for confirming an arbitration award, prosecuting a small claims action, or resolving any other disputes under this Contract or regarding your use of or access to the Site will be the state or federal courts in Orange County, California. We both agree to submit to the personal jurisdiction of such courts for such matters, and we both agree to waive any claim that such court constitutes an inconvenient or improper forum.
This Contract constitutes the entire agreement between you and us and supersedes all prior agreements, communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. We may assign, delegate or sublicense this Contract or any of our rights under it, in whole or in part, at any time without notice to you. You may not assign, delegate or sublicense this Contract or any of your rights under it without our prior written consent in advance, and any attempt to do so without our prior written consent will be void.