TERMS & CONDITIONS
Last Updated: 09/25/2018

This website is owned by Toyphoon LLC ("We", "Us" or "Company") and we are providing you with access to this Website and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Website or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Website. You represent and warrant that you are at least 18 years old and that you agree to be bound by these Terms. You may not order or obtain products or services from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Toyphoon LLC, or (c) are prohibited from accessing or using this Website or any of this Website's contents, goods or services by applicable law.

We reserve the right to change these Terms and this Website or discontinue (temporarily or permanently), this Website or any features or portions thereof without prior notice. Any changes to these Terms will be in effect as of the "Last Updated Date" stated at the top of this page. You should review these Terms prior to subscribing to our services. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

Rental Service
Toyphoon LLC is an online toy rental subscription service providing safe, quality & educational toys for rent on a monthly basis. You will receive toys that we choose or allocate based upon the age of your child. You are responsible for keeping the box & packing materials away from your child and providing just the toys to your child. Please supervise your child and do not give your child a toy that is age inappropriate, especially when there is more than one child covered by the subscription.

Prices & Delivery
We offer a monthly subscription service which can be cancelled at any time. The subscription fee is $23.99 + tax per month and you will receive 4 toys each month which will be delivered by us to the address provided to us. This subscription will be automatically renewed each month until you choose to terminate your subscription. The subscription fee will be charged every month on or after the same date as the registration date. In case of any change in the monthly subscription, you will be notified in advance via email. The first box will be delivered within 5-7 business days after you register. Currently we are only servicing the following zip codes in Austin: 78735, 78736, 78737, 78739, 78745, 78748 & 78749. Within 3 business days of the end of the monthly rental period, we will pick up the previous month's toys and deliver the toys for the next month. We will send a reminder before delivery date and if the prior month's box to be picked up is not kept outside your door, we will not deliver the next month's box. We will reach out to you to make another attempt. If we don’t hear from you within the next 5 business days, we will terminate your subscription and charge you for the replacement cost of the toys.

Free Trial offer
We are offering a free one-month trial for a limited time. When you start your subscription with a free trial, you need to have a payment method on file so that your subscription can continue after your free trial ends. We will charge your card $0.01 when you register in order to verify your payment method, this will be reversed within 7 business days. You won't be charged the monthly subscription fees of $23.99 until after your free trial ends. If you wish to cancel your subscription after the free trial period, please email us at contact@toyphoontoys.com before the trial period ends.

Lost or Damaged toys
We rent high-quality toys and expect each toy to be returned in working order. You must return the toys in their original packing materials. If a toy is lost or damaged or broken during a rental period, we will determine the extent of the damage and the charge for loss/damages. This charge excludes the charge for the original rental period. If you receive a delivery of toys and a toy is damaged or missing a part, you have 2 business days to email us at contact@toyphoontoys.com. Failure to report a damage will result in charging you for the replacement cost of the toys.

Purchase of toys
If you are interested in purchasing any of our toys at a discounted price, please email us your request to contact@toyphoontoys.com. The cost of the purchase will be charged to your billing account.

Payment
We accept Visa, Master card & Discover credit cards for all subscriptions/purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Termination
In the event where your credit card or billing information is invalid, you will be given a period of 10 days to update the information. If you fail to update within that time, we will terminate your subscription. We expect you to return the toys in a good condition, barring normal wear & tear. If not, we reserve the right to terminate your subscription.

Refunds & Cancellation
We offer no refunds once you are charged for your monthly subscription. You may cancel your subscription at any time within 10 days prior to the next billing cycle in order to avoid charges for the next month. We will pick up the toys at the end of the subscription period following the cancellation. If you fail to return the toys within 5 business days from the end of the subscription period, we will terminate your subscription and charge you for the replacement cost of the toys.

Sanitization
All toys are sanitized prior to delivery using non-toxic, non-allergenic environmentally-friendly cleaners. The cleaners contain gentle plant-based ingredients and are pediatrician/dermatologist tested

Manufacturer's warranty & disclaimers
We do not manufacture or test or control any of the toys rented through our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. Any product or other information (e.g., product guidelines, product safety, product info, age suggestions, or other claims) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained herein. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. All products and services offered on this Website are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.


Limitation of Liability
Use of our products & services are at your own risk. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our Website.

Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law & Arbitration
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

Dispute Resolution & Binding Arbitration
(a) You and Toyphoon LLC are agreeing to give up any rights to litigate claims in a court or before a jury other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Website, will be resolved exclusively and finally by binding arbitration.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. All arbitration shall take place in Austin, Texas.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.


Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Toyphoon LLC

No Third-Party beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices
(a) To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us: To give us notice under these Terms, you must email us at contact@toyphoontoys.com

Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Accessing the Website & Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users, including registered users.

You are responsible for:

· Making all arrangements necessary for you to have access to the Website.

· Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.


Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

· You may store files that are automatically cached by your web browser for display enhancement purposes.

· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

· If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

· Modify copies of any materials from this website.

· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Company name, these terms, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.

· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

· Use the Website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

· Use any device, software or routine that interferes with the proper working of the Website.

· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website


User Contributions
The Website may contain personal web pages or profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.

· All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website

Monitoring & Enforecement

We have the right to:

· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

· Be likely to deceive any person.

· Promote any illegal activity, or advocate, promote or assist any unlawful act.

· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right to change these Terms and Website or discontinue (temporarily or permanently), this Website or any features or portions thereof without prior notice. Any changes to these Terms will be in effect as of the "Last Updated Date" stated at the top of this page. You should review these Terms prior to subscribing to our services. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any Website linked to it. Your use of the Website, its content and any services or items obtained through the Website is at your own risk, these are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Indemnification

You agree to defend, indemnify and hold harmless the Company, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Electronic Communication

When you use this Website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Links

This Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such website.

Entire Agreement
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and the Company on the matters contained in these Terms/Website.

Questions
For any questions regarding these Terms, please email us at contact@toyphoontoys.com.