Effective as of: March 20, 2018
1. INTRODUCTION
Welcome to GoodBye Toys, LLC, a Michigan limited liability company (“Company” or “we” or “us” or “our”). The Company offers a marketplace to buy and sell new and gently used toys and children’s products at https://www.goodbyetoys.com.
Please read our Terms and Conditions of Use and Privacy Policy (“Agreement”) carefully, as they affect your (“you” or “user” or “buyer” or “seller” or “guest”) legal rights. By using, accessing or otherwise interacting with our servers, services, websites, software, applications and tools, or any associated content/postings (“Sites”), you are entering into a binding contract with us. If you are using our Sites on behalf of a business, you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and to bind that business to this Agreement. No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship is intended or created by this Agreement. Users that do not agree to the terms of this Agreement are not authorized to use our Sites.
Under this Agreement, you affirm that (a) you are 18 years or older; (b) you have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws; and (c) you reside in the United States.
Your submission of information through our Sites is governed by our Privacy Policy (https://www.goodbyetoys.com/privacy-policy/). Under this Agreement, you affirm that all information you submit to the Company, including, but not limited to, registration information is and will remain true, accurate, and complete, and that you will maintain and update such information as needed.
2. CHANGES TO AGREEMENT
The Company, in its sole discretion and at any time and without liability, may modify the terms of this Agreement. You are responsible for checking for modifications to this Agreement. If we make material changes to the Agreement, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within our Sites or by sending you electronic correspondence. Your access to and use of the Sites following any modification to this Agreement shall constitute your agreement with such changes. If you do not wish to continue using the Sites under the new version of the Agreement, you may close your account by contacting us through the “Contact Us” link at be https://goodbyetoys.com/contact-us/.
3. JURISDICTION
The Company and its Sites are controlled and operated in the State of Michigan, United States, and are not intended to be subjected to any non-Michigan or non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-Michigan or non-U.S. jurisdictions. The Company may limit the availability of its Sites at any time, in whole or in part, to any person, area, or jurisdiction of its choice. In accessing or otherwise interacting with the Sites, you do so at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so.
4. REGISTRATION; PAYPAL ACCOUNT
Sellers of new and gently used toys and children’s products (“Products”) on our Sites must register and must maintain a valid PayPal account. A buyer may make purchases either as a guest or as a registered user.
PayPal is a third party service provider which may have its own terms and conditions of use and privacy policies, and your use of PayPal will be governed by and subject to such terms and conditions and privacy policies. By requiring sellers to maintain a valid PayPal account, the Company does not imply its endorsement of, or any affiliation with, PayPal.
Registering on our Sites requires you to create a user name and password and to enter a valid email address and mailing address. When registering on our Sites, you may upload a profile photo and/or cover photo that may be viewed by visitors to the Sites. The Company will have access to user names, user email addresses, photos, and mailing addresses and will retain such information, in accordance with its Privacy Policy. The Company may reject or require that you change any information you provide during registration, including your photo(s). The information you provide during registration, including your user name and photo(s), may not contain offers or solicitations for your business or any other business. You are responsible for any use of misuse of your user name or password or photo(s), and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password. The Company may, in its sole discretion and at any time and without liability, cancel unconfirmed accounts or inactive accounts or may modify or discontinue our Sites and discontinue your access to and use of our Sites.
The Company will not have access to user passwords, and users must utilize the appropriate link on the Sites to retrieve a forgotten password. The Company will not have access to user PayPal accounts or information submitted to create or maintain the user’s PayPal account, or information provided to another payment processing service, and users must work directly with PayPal or the payment processing service, whatever the case may be, to resolve any issues concerning the user’s account.
If you register using a social media network, you authorize the Company to access, use, disclose and retain, in accordance with our Privacy Policy, the information that we receive from the social media network in connection with your registration.
5. LICENSE
If you accept the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable license to use the Company Sites in compliance with this Agreement. Unlicensed use is unauthorized. The license shall remain in effect until and unless terminated by you or the Company, and, if terminated, the INDEMNIFICATION, LIQUIDATED DAMAGES, LEGAL DISPUTES, and GOVERNING LAW sections of this Agreement shall survive termination, and you will remain bound by those sections.
Through the license or otherwise, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the Company Sites, by way of example, for downloading, uploading, creating, accessing, or using an account, posting, rating, reviewing, emailing or searching. You further agree not to display, “frame,” make derivative works, distribute, license, or sell content from the Company Sites, excluding Product listings that you create. You further agree not to harvest, copy or collect any content or user information from Company Sites via robots, spiders, scripts, data mining tools, data gathering and extraction tools, scrapers, crawlers, or any automated or manual equivalent. You further agree not to distribute spam, unsolicited communications, viruses or any other technologies or otherwise interfere with the operation of the Company Sites.
By submitting any content to the Company Sites, including, but not limited to, reviews, ratings, Product photographs, Product descriptions, and blog entries, you grant us a license that is not confidential, worldwide, royalty-free, fully paid, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable through multiple tiers, which requires no additional consideration to you or any third party, to reproduce, distribute, perform and display, either publicly or otherwise, create derivative works of, adapt, modify and otherwise use, analyze and exploit such content, in any format or media now known or hereafter developed, and for any purpose, including promotional purposes. You also grant us the right to provide advertising and other information to you.
You represent and warrant that you have all rights necessary to grant the Company a license, and that any content you post on the Company Sites, including, but not limited to, Product photographs and Product descriptions, is accurate, and that you own or otherwise control all necessary rights to provide the content, and that the Company’s use of any such content will not infringe upon any intellectual property rights you have in the content or that any third party has in the content.
6. COMPANY’S PROPRIETARY RIGHTS
While you may be granted a license to use the Company Sites, the Company and its licensors retain ownership of the Company Sites.
The name “GoodBye Toys” and other marks, logos, designs, and phrases that we use in connection with our Sites are trademarks, service marks, and trade names. Such trademarks, service marks, and trade names are the sole property of the Company or its licensors. You may not use our trademarks, service marks, or trade names without our express written permission.
7. SELLING AND PRODUCT LISTING
When selling Products on our Sites, you acknowledge the following:
a. You are at least 18 years old and able to form legally binding contracts;
b. The Company does not control or guarantee the existence, quality, safety or legality of Products listed for sale; the truth or accuracy of user content or offers; the ability of buyers to pay for items; or that a buyer will actually complete any aspect of a transaction;
c. You are solely responsible for the accuracy and content of the Product and Product listing;
d. By allowing a user to list a Product for sale, the Company does not endorse or make any representation about such Product or any user involved in the sale or purchase of such Product;
e. Through your dashboard on the Site, you shall upload a current, non-stock photograph of the Product offered for sale, accurately and completely portraying the condition of the Product;
f. You shall name the Product, indicate a selling price for the Product, describe the Product in your own words, and choose an appropriate age range and category for the Product from choices available on the Site, refraining from utilizing metatags and URL links and other language that may affect third-party search engine results;
g. You shall designate the manner in which the sold Product will be delivered to the buyer, with options being: trackable shipping, in-person exchange, or both;
h. Sellers may charge for the cost of the actual packaging materials, along with a reasonable handling fee to cover their time and direct costs associated with shipping;
i. A notification shall appear on your dashboard when your Product has sold, therefore you are encouraged to frequently monitor your dashboard;
j. Sellers shall not offer or reference their contact information or ask buyers for their contact information for the purpose of buying or selling outside the Company Site to evade payment of a Sale Fee (defined below);
k. Sellers receive payment for Products sold, less applicable fees (discussed below), through their PayPal account;
l. You shall not fail to deliver items sold by you, unless you cannot contact the buyer, or the buyer does not pay within two (2) days of purchasing a Product;
m. If a buyer does not pay within two (2) days of purchasing a Product, seller must notify the Company through the “Contact Us” link to report the non-payment and possibly receive a credit to his/her PayPal account in the amount of the Sale Fee (defined below);
n. If the buyer satisfies his/her payment obligation, and if the manner of delivery is by trackable shipping, the seller shall pay 100% of shipping costs and must ship the Product to the buyer, ensuring proper packaging to protect the Product from damage, and post tracking number(s) within seven (7) days of the date that the Product is sold;
o. If the buyer satisfies his/her payment obligation, and if the manner of delivery is by in-person exchange, the Company urges the buyer and seller to use their best judgment and meet only at a safe, well-lit, designated meeting location such as a police department or fire station;
p. While the Company may provide pricing, shipping, listing, and other guidance, such guidance is solely informational and any contract for sale is strictly between the seller and buyer;
q. You shall not manipulate the price of any item or interfere with any other user’s access to and use of the Company Sites;
r. You shall not post unlawful, false, inaccurate, misleading, deceptive, defamatory, or libelous content;
s. You shall not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights belonging to or licensed to the Company or any third parties; and
t. We reserve the right to modify or remove any Product listing for any reason.
8. BUYING
When buying Products on our Sites, you acknowledge the following:
a. You are at least 18 years old and able to form legally binding contracts;
b. The Company does not control or guarantee the existence, quality, safety or legality of Products listed for sale; the truth or accuracy of user content or offers; the ability of sellers to sell items; or that a seller will actually complete any aspect of a transaction;
c. By allowing a user to list a Product for sale, the Company does not endorse or make any representation about such Product or any user involved in the sale or purchase of such Product;
d. You are responsible for reading all of the Product information provided by the seller before making a commitment to buy the Product;
e. You acknowledge that the Company is not responsible for examining or warranting the Product information provided by the seller, and you will not attempt to hold the Company liable for any inaccuracies;
f. When you commit to buy a Product, your offer for an item is accepted and you enter into a legally binding contract to purchase that Product;
g. The availability of any Product for sale is subject to change at any time and without notice, and the Company reserves the right to modify or remove any Product listing for any reason;
h. You shall not manipulate the price of any item or interfere with any other user’s access to and use of the Company Sites;
i. You shall not abuse or undermine the Company’s ratings and reviews processes or take any action to manipulate the ratings and reviews of a seller;
j. Within two (2) days of purchasing a Product, you shall complete the purchase by authorizing payment to the seller through a credit card or PayPal account;
k. You shall not fail to pay for items you purchased, unless you cannot contact the seller, or the item as advertised cannot be delivered;
l. If you do not pay within two (2) days of purchasing a Product, the seller shall not be obligated to deliver the Product;
m. If you do not pay within two (2) days of purchasing a Product, and seller notifies the Company through the “Contact Us” link, the Company may record the unpaid item on your account; and
n. Any number of unpaid items on a buyer’s account may result in a range of consequences, including limits on or loss of buying privileges.
9. RATINGS AND REVIEWS
Ratings and reviews represent a seller’s reputation on the Company Sites and are based on comments and ratings that may be left by buyers who are registered users, not guests, once a transaction is complete.
Ratings are based on a 1-5 star rating system; 5 stars is the highest rating, and 1 star is the lowest. Reviews are descriptive comments which may include, but are not limited to, how accurate the seller described the Product, whether the seller addressed any questions or concerns that you had, and did so in a professional manner, how quickly the seller shipped the Product, not the time it took to receive the Product, whether the seller properly packaged the Product for shipping to ensure against damage, and the reasonableness of the seller’s shipping/handling charge.
Under this Agreement, you acknowledge that information provided in ratings and reviews is not confidential, and you authorize the Company to use the ratings and reviews and information contained within them without restriction and without payment to users submitting such ratings and reviews.
10. RETURNS/REFUNDS; DISPUTE RESOLUTION
ALL SALES ARE FINAL. NO RETURNS ACCEPTED, AND NO REFUNDS WILL BE ISSUED. The Company is not responsible for any Product that is received broken or damaged, that is faulty, or otherwise does not meet the buyer’s expectations.
While the Company may help facilitate the resolution of disputes, all contracts for sale are strictly between the seller and buyer. The Company urges buyers to review a seller’s ratings and reviews and to use their best judgment before committing to purchase a Product from a particular seller.
In its sole discretion, the Company may moderate/monitor ratings and reviews and may limit or terminate a user’s buying and selling privileges on the Company’s Sites. The Company, however, shall not be liable for any damages associated with moderating/monitoring or not moderating/monitoring any user’s access to and use of the Company Sites.
11. FEES AND HOLDS
For each Product sold, sellers shall pay and the Company shall receive a Sale Fee in the amount of eight percent (8%) of the Product’s selling price, less shipping charges. Under this Agreement, seller authorizes such Sale Fee to be debited from seller’s PayPal account and credited to the Company’s PayPal account.
If your payment method fails, we may retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, your account will be subject to assessment of late fees. The Company or any collection agency we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information the Company reports to a credit bureau, please contact us at The Troy Law Firm, 888 W Big Beaver Road, Ste 1400, Troy, Michigan 48084. If you wish to dispute the information a collection agency reports to a credit bureau regarding your account, you must contact the collection agency directly.
If a seller utilizes the Company Site to introduce a Product to a buyer and then offers or references his/her contact information or asks a buyer for his/her contact information for the purpose of buying or selling outside the Company Site to evade payment of a Sale Fee, the seller’s conduct may result in a range of consequences, including limits on or loss of selling privileges, suspension or termination of the seller’s account, reduce or eliminate any discounts, and liability for payment of a Sale Fee applicable to a Product, even if the sale of the Product is not completed through the Company Site.
A Sale Fee is not refundable, except in the event that a buyer does not pay within two (2) days of purchasing a Product, and seller notifies the Company through the “Contact Us” link to receive a credit to their PayPal account in the amount of the Sale Fee.
THE COMPANY MAY REQUEST THAT PAYPAL PLACE A HOLD UPON OR RESTRICT ACCESS TO FUNDS IN A SELLER’S PAYPAL ACCOUNT BASED ON CERTAIN FACTORS, INCLUDING, BUT NOT LIMITED TO, SELLER HISTORY, SELLER PERFORMANCE AND NONCOMPLIANCE WITH THE TERMS OF THIS AGREEMENT.
12. COMPANY BLOG
The Company Sites may contain a blog with topics including, but not limited to, parenting tips, helping families through difficult times, and fun family activities, as well as news and updates about the Company. The Company Sites may make also reference or provide links to Third Party Materials (defined below).
None of the information on the Company Sites is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or family issue. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company Sites or elsewhere. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately.
13. THIRD PARTY MATERIALS
The Company Sites may make reference or provide links to content, products, information, services, and other materials made available by third parties, which may have their own terms and conditions of use and privacy policies, and your use of any third party materials will be governed by and subject to such terms and conditions and privacy policies (“Third Party Materials”). By referencing or providing a link to Third Party Materials, the Company does not imply our endorsement of, or any affiliation with, any provider of Third Party Materials.
The Company does not endorse, control, and is not responsible or liable for the accuracy of any information you may receive through Third Party Materials or any transaction you may enter into through Third Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by the Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials at any time and without notice. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE USING THE COMPANY SITES AT YOUR OWN RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY SITES AND THIRD PARTY MATERIALS ARE PROVIDED TO YOU, BY US, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES BY COMPANY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS SITES AND ANY PRODUCTS LISTED FOR SALE, AND ANY THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
THE COMPANY DOES NOT WARRANT THAT ITS SITES OR ANY SITES CONTAINING THIRD PARTY MATERIALS ARE SECURE OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO ITS SITES OR ANY SITES CONTAINING THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, OR THAT THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE COMPANY SITES AND SITES CONTAINING THIRD PARTY MATERIALS. FURTHER, THE COMPANY SITES AND SITES CONTAINING THIRD PARTY MATERIALS MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT.
ALL DISCLAIMERS OF ANY KIND, INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT, ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
15. DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES UNDER EQUITY OR ANY THEORY OF LAW; (ii) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE COMPANY SITES OR SITES PROVIDED BY THIRD PARTIES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (iii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE COMPANY SITES OR THIRD PARTY SITES SHALL BE THE GREATER OF (a) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY DURING THE PRIOR TWELVE MONTHS OR (b) TWENTY-FIVE U.S. DOLLARS ($25.00).
16. RELEASE
If you have disputes with one or more users, you release us and our officers, directors, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Under this Agreement, you expressly waive any protections (whether statutory, in equity, or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold the Company, and its successors and assigns, officers, directors, employees, and agents harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees of any kind, including reasonable attorney fees, arising out of or relating to (i) your use of or activities in connection with the Company Sites; (ii) any Products, listings for Products, transactions or transfers relating to Products, or disputes with other users; (iii) your breach of this Agreement; and (iv) your violation of any law or the rights of a third party.
18. EXPORT CONTROLS
You are responsible for complying with United States export controls and for violation of such controls, if applicable, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You represent, warrant, and covenant that you are not located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country, or on any of the U.S. government lists of restricted end users.
19. COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the internet infringes upon their rights under United States copyright laws. If you believe in good faith that materials available on the Company Sites infringe your copyright, you may send a written notice to Company, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Act permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Act. See http://copyright.gov for details. We suggest that you consult your legal advisor before filing a notice or counter-notice under the Act.
20. LIQUIDATED DAMAGES
You agree that if you violate the LICENSE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Company users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Company Sites without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of the Company Sites – $1,000 per violation; (D) posting or attempting to post content you are not authorized to post under this Agreement – $4 per violation; (E) sending an unauthorized/unsolicited email to an email address obtained from the Company Sites – $25 per violation; (F) using Company user information to make/send an unauthorized/unsolicited text message, call, or communication to a Company user – $500 per text/call/communication; (G) creating a misleading or unlawful Company account or buying/selling a Company account – $4 per violation; (H) abusing or attempting to abuse the Company’s rating and review processes – $1 per violation; (I) distributing any software to facilitate violations of the LICENSE Section – $1,000 per violation; or (J) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting Company content for any purpose without our express written consent – $3,000 for each day you engage in such violations. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the LICENSE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
21. LEGAL DISPUTES
You agree to (1) submit to the personal jurisdiction of courts in Macomb County, Michigan; (2) indemnify and hold the Company harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of the Company’s Sites; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
22. GOVERNING LAW
You agree that any claim, cause of action, demand, or dispute arising from or related to the Company and this Agreement (“Claims”) shall be governed by the laws of Michigan, without regard to conflict of law provisions, except to the extent governed by federal law. Except for disputes that qualify for small claims court, any Claims will be exclusively resolved by courts in Macomb County, Michigan or the United States District Court, Eastern District of Michigan (except we may seek preliminary or injunctive relief anywhere).
23. ASSIGNMENT
The Company may assign this Agreement or any part thereof, and may delegate any of its obligations under this Agreement. You, however, may not assign this Agreement or any part thereof, nor transfer or sub-license your rights under this Agreement.
24. WAIVER
The Company’s failure or any third party beneficiary’s failure to enforce this Agreement or any provision thereof shall not waive the Company’s or the third party beneficiary’s right to do so.
25. SEVERABILITY
Should any provision of Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.
26. HEADINGS
The Section headings as herein used are for convenience of reference only and in no way define, limit, or describe the scope or intent of any provision of this Agreement.
27. GENDER
In interpreting the language of this Agreement, the singular shall include the plural, and the masculine shall include the feminine, and the neuter in the context of the Agreement.
28. INCLUSION
All various instruments, exhibits and documents referred to or alluded to in this Agreement shall be deemed to be included herein and made a part hereof as though specifically set forth herein word by word.
29. ENTIRE AGREEMENT
Other than as stated in this section, this Agreement constitutes all the terms and conditions agreed upon between you and the Company and supersedes any prior agreements, whether written or oral, in relation to the subject matter of this Agreement.
Aspects of your use of the Company Sites may be governed by additional agreements, including, for example, PayPal’s terms and conditions and privacy policies. To the extent that there is an irreconcilable conflict between any additional terms and this Agreement, the additional terms shall prevail.
30. CONTACT
The Company may contact you using electronic mail, any mail or package delivery service, or through autodialed or prerecorded telephone calls for reasons including, but not limited to, resolving problems with your account, collecting a debt, resolving a dispute, poll your opinions through surveys or questionnaires, or to notify you about changes to this Agreement. The Company will not sell your contact information, but may, at its discretion and without further notice or warning, provide your contact information to service providers to carry out the purposes identified above.
You may contact the Company through the “Contact Us” link at be http://goodbyetoys.com/contact-us/ or by electronic mail to admin@goodbyetoys.com. You may also contact us by writing to The Troy Law Firm, 888 W Big Beaver Road, Ste 1400, Troy, Michigan 48084.