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Terms of Use

Qwekywriter ("Qwerkytoys, Inc.", or "We") grants you the right to use this website ("Site") subject to the terms and conditions of use ("Terms of Use" or "Agreement") set forth below. THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE SITE IS GOVERNED BY THE TERMS OF SALE.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. LICENSE. Qwerkytoys, Inc. owns and operates the Site (Qwerkytoys.com and Qwerkywriter.com). The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. Qwerkytoys, Inc. grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Qwerkytoys, Inc.. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Qwerkytoys, Inc. and its suppliers reserve all rights not granted in these Terms of Use.

2. TRADEMARKS. "Qwerkywriter" and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Qwerkytoys, Inc, and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

3. MODIFICATION. Qwerkytoys, Inc. reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Qwerkytoys, Inc. will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

4. ORDERS.  When a product (“Product”) is offered for sale as part of the Services, Qwerkytoys, Inc. may accept your offer to purchase Products subject to these Terms of Service. At that time, Qwerkytoys, Inc. will capture payment on the payment instrument you provided and ship your Product when available. Qwerkytoys, Inc. may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Products requested.

Qwerkytoys, Inc. reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

In addition, Products may be made available for reservation and pre-order. If you place a reservation and pre-order for a Product that is not yet available for sale, Qwerkytoys, Inc. will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase Products at any time prior to shipment and receive a refund of your payment.

5.  AVAILABILITY, PRICING AND TAXES.  All Products offered here are subject to availability.  Prices for the products are subject to change without notice at any time.

6.  SHIPPING AND DELIVERY.  Prices for the Products do not include shipping costs.  The estimated arrival or delivery date is not a guaranteed delivery date for your order.  You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined.  

Customs, Duties, and Taxes

The recipient of an international shipment may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the recipient because we have no control over these government-imposed charges and cannot determine what they may be. Customs policies vary greatly among countries. Please contact your local customs office for information.

To avoid a delay in receiving your order from customs, consider the following:

7.  RETURNS:  If for any reason you are not satisfied with the product you purchased from Qwerkywriter.com/Qwerkytoys.com, you can return the Product within 30 days of receipt for a refund minus any shipping fees.* No refunds will be issued 30 days after the date of receipt. To initiate a refund, and to arrange for the return of the Product, you should contact Qwerkytoys, Inc. You will receive a refund of the price and taxes you paid for the Product less the value of any promotional merchandise or discount you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Qwerkytoys, Inc. of the returned Product.  Buyer is responsible for any return shipping costs.  We recommend adding tracking or insurance.  (*Free Shipping customers will have shipping fees deducted if returned.)

8. PRIVACY. Qwerkytoys, Inc.'s Privacy Policy, which is available at here, is hereby incorporated into these Terms of Use.

9. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Qwerkytoys, Inc. Qwerkytoys, Inc. is not responsible for the content of any third party web site or any link contained in a third party web site. Qwerkytoys, Inc. provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

10. LIMITED WARRANTY. Qwerkytoys, Inc. provides a limited one year warranty on Products purchased through the Site, as described on our Warranty page EXCEPT AS PROVIDED ON OUR WARRANTY PAGE (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), QWERKYTOYS, INC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFIRNGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. EXCEPT PURSUANT TO THE TERMS OF SALE, COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

12. AMENDMENT. Qwerkytoys, Inc. may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

13. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Illinois, without giving effect to any principles that require the application of the law of a different jurisdiction. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Contra Costa County, California, and you agree that any claim brought by you pursuant to these Terms of Use will be brought solely in those courts and no other court.

If you have any questions about the foregoing, please contact us at the following e-mail address: support@qwerkytoys.com.

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