Terms & Conditions
Terms & Conditions
CONDITIONS OF USE
The following terms and conditions and any other policies, rules, or guidelines posted by Formations on this site govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read these Terms and Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms and Conditions may be changed in the future without notice to you so please check back from time to time. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions. These terms cover JFormations, all websites, domains, and online operations owned or operated by Formations or any entities which it owns or operates are governed by these terms of service, unless otherwise noted.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in on the Formations website are the copyrighted property of Formations, or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to their respective owners. No material from any Formations or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Formations grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Formations. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of Formations. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Formations. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Formations without express written consent. You may not use any meta tags or any other "hidden text" utilizing Formations's name or trademarks without the express written consent of Formations. Any unauthorized use terminates the permission or license granted by Formations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Formations so long as the link does not portray JFormations or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Formations logo or other proprietary graphic or trademark as part of the link without express written permission.
CONTENT LINKED TO FORMATIONS
Please exercise discretion while browsing the Internet using Formations. You should be aware that when you are on Formations.com, you could be directed to other sites that are beyond our control. There are links to other sites from Formations.com pages that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
We reserve the right to disable links from third party sites to Formations.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to Formations.
Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Formations strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
SECURITY and PRIVACY
Formations uses 128/256-bit SSL Security to protect your credit card and/or personal information is being transferred from your computer to our servers.
ACCOUNT MAINTENANCE AND RESPONSIBILITY
If you wish to purchase any products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. Formations cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
Fulfillment. All orders are fulfilled by Formations.
Pre-orders and Special Orders. Pre-orders and Special Orders are not returnable. All deposits made for pre-orders or special orders are not refundable, if order is canceled. If our supplier cannot provide us with enough merchandise to fulfill all pre-orders or special orders we will inform all our customers who have placed orders that cannot be Fulfilled. All orders are fulfilled on a First-Come First Serve basis. Ship dates may change without notice and are provided only as a refernce and not as a gurantee of delivery dates.
We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Submissions") are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on the Site or elsewhere. You shall not assert any proprietary right or moral right of any kind with respect to any Submissions.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, JTR HOBBY OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING JTR HOBBY/FORMATIONS OR THE AMOUNT PAID FOR MERCHANDISE PURCHASED FROM FORMATIONS.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Formations.com and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to Formations.com may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the JTR Hobby Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.
THE MATERIALS IN THIS FORMATIONS.COM SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY JTR HOBBY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FORMATIONS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY JTR HOBBY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from Formations. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Formations or third party content on our sites. We do not endorse nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.