1. DESCRIPTION OF SERVICE

ToyStoreSupermart.com  currently provides users (”members”) with access to a quality fitness products and related resources, including, various articles, videos, links, product reviews among other things. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ToyStoreSupermart.com  to provide the Service. You also understand and agree that the service may include certain communications from ToyStoreSupermart.com , such as service announcements, administrative messages and the ToyStoreSupermart.com  Newsletter, and that these communications are considered part of ToyStoreSupermart.com  membership and you will not be able to opt out of receiving them as long as you have not cancelled your membership access. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ToyStoreSupermart.com  properties, shall be subject to the Terms of Use. You understand and agree that the Service is provided “AS-IS” and that ToyStoreSupermart.com  assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Australia, UK, Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ToyStoreSupermart.com  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ToyStoreSupermart.com  has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). ToyStoreSupermart.com  is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years old to create a ToyStoreSupermart.com  account.

3. ToyStoreSupermart.com  PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here
3. INDEMNITY

You agree to indemnify and hold ToyStoreSupermart.com , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your membership.
4. MODIFICATIONS TO SERVICE

ToyStoreSupermart.com  reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ToyStoreSupermart.com  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. TERMINATION

You agree that ToyStoreSupermart.com  may, under certain circumstances and without prior notice, immediately terminate your ToyStoreSupermart.com  account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your ToyStoreSupermart.com  account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ToyStoreSupermart.com ’s sole discretion and that ToyStoreSupermart.com  shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

6. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ToyStoreSupermart.com  has no control over such sites and resources, you acknowledge and agree that ToyStoreSupermart.com  is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ToyStoreSupermart.com  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ToyStoreSupermart.com  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
ToyStoreSupermart.com  MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ToyStoreSupermart.com  OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ToyStoreSupermart.com  SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ToyStoreSupermart.com  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

9. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

10. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

16. NOTICE

ToyStoreSupermart.com  may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Service. ToyStoreSupermart.com reserves the right to make alternation to the Terms of Service at any time and without prior notice.

11. TRADEMARK INFORMATION

ToyStoreSupermart.com , the ToyStoreSupermart.com  logo and other ToyStoreSupermart.com  logos and product and service names are trademarks of ToyStoreSupermart.com  (the “ToyStoreSupermart.com  Marks”) and the Hillenbrand Family Trust Queensland Australia. Without ToyStoreSupermart.com ’s prior permission, you agree not to display or use in any manner, the ToyStoreSupermart.com  Marks. Exceptions are made to the affiliate terms and conditions.

12. GENERAL INFORMATION

Entire Agreement. The Terms of Use constitute the entire agreement between you and ToyStoreSupermart.com  and govern your use of the Service, superseding any prior agreements between you and ToyStoreSupermart.com . You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ToyStoreSupermart.com  services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Use and the relationship between you and ToyStoreSupermart.com  shall be governed by the laws of the State of Queensland, Australia without regard to its conflict of law provisions. You and ToyStoreSupermart.com  agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

Waiver and Severability of Terms. The failure of ToyStoreSupermart.com  to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your ToyStoreSupermart.com  account is non-transferable and any rights to your ToyStoreSupermart.com  I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.