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Terms and Conditions

Last Update: March 15, 2021

Acceptance of Terms

Please carefully read the following Terms and Conditions (“Terms”) before using the Rigamajig.com website (the “Website” or the “Site”). By accessing the Rigamajig.com website, you indicate your unconditional acceptance of the following Terms. The Rigamajig website is provided by Heroes Will Rise, Inc. (“Heroes Will Rise”, “we” “us” or “our”). These Terms govern your (“you” or “your”) access to and use of the Rigamajig.com website and all products provided by Heroes Will Rise via the Website.

We may revise these Terms at any time. Accordingly, you should check the date of the Terms (which appears at the top of this document) and review any changes since the last version. Any revisions will be posted on this Site. Your continued use of the Site will indicate you understand and accept the Terms as revised.

Terms of Sale

The following terms apply to your purchase of the products offered on the Site.

Product Descriptions. “Product(s)” include all items available for sale on the Site, including but not limited to Rigamajig Basic Builder Kit, Rigamajig Jr., Rigamajig Jr. Spinning Tops, Workshops, Add-On Kits, Accessories, and Parts. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Availability and Pricing. Heroes Will Rise reserves the right to change the prices and available Products at any time. Products are subject to change as a result of periodic improvements. Quantities of some Products may be limited, and stock cannot always be guaranteed. All prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Purchasing Products. The display of Products on the Site invites you to make us an offer to buy Products. Your order is an offer to buy the Product(s), which we accept only by shipping the Product(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, unavailability, or for any other reason. Please contact us within thirty (30) days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable.

Orders. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We have the right to refuse or limit any orders, and/or prohibit sales to distributors, wholesalers, and retailers, and limit quantities. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.

All Sales Final Policy

Returns. Rigamajig products are not eligible for return or exchange unless defective through a manufacturing error. Please contact us at hi@rigamajig.com within one (1) year of purchase as stated in the limited warranty policy below. If this case is determined and approved by a customer service representative, items must be unused, undamaged, and returned in original packaging to be accepted. The representative will arrange the return/exchange shipment on your behalf. Depending on where you live, the time frame to receive your exchanged product may vary. Once your return is received and inspected, we will send you an email to notify you of your refund, minus associated fees listed below, which will be applied to your credit card or original method of payment within fourteen (14) business days. Please contact us at hi@rigamajig.com with questions.

Refunds for non-defective products (if applicable). If a customer service representative determines a return is possible for a non-defective product within thirty (30) days of receipt of order, the customer is responsible for the following: (a) all associated outbound and return shipping costs, (b) $100 restocking fee, (c) if purchased online, associated credit card processing fees from Stripe (3% of total sale price).

Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Product(s) in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Product(s) in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes or duties related to your purchase. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase.

Personal Use Only. Products are for personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us. Except where prohibited by law, we may limit the quantity of Product(s) available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Product(s) to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products (collectively "Feedback"), you hereby grant us a non-exclusive, worldwide perpetual license to use the Feedback to improve and promote our Products. You agree that you will not be due any compensation for your Feedback that is used in these ways.

Website Content

The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website, whether created by us or provided by another person for display on the Website. Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions.

We reserve the right to make changes to document names and content, descriptions or specifications of products, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website, subject to the following conditions: The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. The Content may not be modified. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except (a) as expressly permitted by these Terms, or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Heroes Will Rise, Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of Heroes Will Rise, Inc. and Rigamajig.com and protected by U.S. and international copyright laws. All software used on the Site is the property of Heroes Will Rise, Inc. or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

Intellectual Property Information

You agree and acknowledge that, as between you and Heroes Will Rise, unless otherwise stated in these Terms, Heroes Will Rise owns and retains all right, title and interest in and to (i) the Website and all improvements, enhancements and modifications thereto, (ii) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Products or the Website submitted by you, (iv) all Products, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "Heroes Will Rise Intellectual Property").

Heroes Will Rise owns all rights, title and interest in the Rigamajig.com website, the proprietary Content (“Content”) and intellectual property. Content further includes but is not limited to logos, trademarks, text, code, graphics, designs and images. It is strictly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, or link to any Content on the Site without being specifically authorized by Heroes Will Rise, Inc.

Rigamajig and Rigamajig Jr. kits are protected designs under USD685861, USD830473, USD830474, USD863456, USD865074, USD869567, ZL201630592656.7, ZL201630427878.3, ZL201830394802.4, ZL201830444863.7, ZL 201830422852.9, CA189583, CA189854, CA189855, CA189856, CA189857, CA189858, CA191308, CA191309, CA191310, CA191311, CA191312, CA191313, CA191314, CA191315, CA191316, CA191317, CA191318, CA191319, CA191320,  DM/202715, and DM/204058.

Vendors may make, sell, and distribute patented products and trademarks only upon express written authorization by Heroes Will Rise, Inc.

Trademarks

All trademarks, logos, and trade names are proprietary to Heroes Will Rise, Rigamajig.com or other respective owners that have granted the Site the right and license to use such intellectual property.

Rigamajig, the Rigamajig Logo, Good Toys Make Good People, Make Play Do, and Easy is Boring are trademarks of Heroes Will Rise, Inc.

Disclaimer

You are solely responsible for determining if the products are suitable for your children. Under no circumstances will we be liable for any loss or damage caused by your use of the Product(s) or your reliance on information in any Content on this Website. Except as expressly provided herein, all products supplied, and all text, images, and other information on or accessible from this Website are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Heroes Will Rise does not warrant that: (i) the information available on this Website is free of errors; (ii) the products are not defective; (iii) the functions (including but not limited to mechanisms for the downloading and uploading of content) provided by this Website will be uninterrupted, secure, or free of errors; (iv) defects will be corrected, or (v) this Website or the server(s) that makes it available are free of viruses or other harmful components.

Exclusions

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 may not apply to you.

Limitation on Liability

In no event shall Heroes Will Rise or its officers, directors, employees, any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods) arising out of the use, inability to use, unauthorized access to use or misuse of the products or the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Heroes Will Rise has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, products, and materials available from the Site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

You agree Heroes Will Rise’s total cumulative liability in connection with these Terms, the Website, the content, or any product whether in contract, tort, or otherwise, shall not exceed the amount you paid to Heroes Will Rise in the then-prior calendar month.

Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.

Indemnification

By using this Website or supplied Product(s), you agree to indemnify, hold harmless and defend Heroes Will Rise from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website or Product(s) by you or any other person accessing the Website using your member login account.

Accuracy of User Information

You may use this Website without volunteering personally identifiable information. If you choose to provide information to register for or participate in an event or promotion on this Website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Minors

Heroes Will Rise services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law. Individuals under the age of eighteen (18) can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. Although we will not collect information from any individual under the age of thirteen (13), account information may contain personally identifiable information—including the first name, last name, address, and birthday—of minors ("Child Personal Information"). Maintaining the confidentiality of your account information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your account information except as necessary to provide the service or as otherwise authorized by you. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.

No Implied Endorsements

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Heroes Will Rise of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that we endorse, recommend or accept any responsibility for the content or use of such a website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

We make no representation that information on this Website, or the Products we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user's access to our Website for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.

Enforcement

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be resolved in Rhode Island.

Class Action Waiver

Arbitration. You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms, your use of the products and services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration in Rhode Island under the streamlined arbitration rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of jams arbitrators in accordance with such rules, and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.

You may not assign these Terms or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms (including, for the avoidance of doubt, any rights to account information we may have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms shall be binding on all permitted assignees.

Entire Agreement

These Terms constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Contact Us

If you have questions in regard to these Terms or any other questions, please contact us at:

Heroes Will Rise, Inc.
168 Howard Avenue
Hope, RI 02831

www.rigamajig.com

Email: hi@rigamajig.com

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