Terms & Conditions
Last updated: March 6, 2024
Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Encore Toy Co. (“Encore,” “we,” “us,” or “our”), a brand operated by Infinity 1 Incorporated, regarding your access to and use of https://encoretoyco.com (the “Site”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you should not use the Site.
Encore reserves the right, in its sole discretion, to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of those changes.
Privacy
Your use of the Site is subject to our Privacy Policy, which governs how we collect, use, and share your information.
Electronic Communications
By visiting the Site or communicating with us electronically, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and communications satisfy any legal requirement that such communications be in writing.
Your Account
If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
• Provide accurate and complete information
• Maintain the security of your account
• Notify us immediately of any unauthorized use
Encore is not responsible for any loss or damage arising from your failure to protect your account information.
We reserve the right to refuse service, cancel orders, terminate accounts, or remove content at our sole discretion.
Orders, Pricing & Availability
All orders are subject to acceptance and availability.
We reserve the right to:
• Refuse or cancel any order at any time
• Limit quantities purchased
• Correct errors in pricing, product descriptions, or availability
In the event of a pricing or listing error, we may cancel or adjust your order even after it has been submitted.
We also reserve the right to refuse or cancel orders suspected of fraud or unauthorized activity.
Third-Party Links & Services
The Site may contain links to third-party websites or services. These are provided for convenience only.
Encore does not control and is not responsible for:
• The content of third-party sites
• Their privacy practices
• Their terms or policies
Certain services may be fulfilled by third parties. By using those services, you consent to sharing your information as necessary to complete your request.
Acceptable Use & Intellectual Property
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial use.
You agree not to:
• Use the Site for unlawful purposes
• Interfere with or disrupt Site operations
• Attempt to gain unauthorized access
All content on the Site, including text, graphics, logos, images, and software, is the property of Encore or its licensors and is protected by intellectual property laws.
You may not:
• Copy, reproduce, distribute, or exploit content
• Modify or create derivative works
• Remove copyright or proprietary notices
No rights are granted to you except as expressly stated.
International Use
The Site is controlled and operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with local laws.
Indemnification
You agree to indemnify, defend, and hold harmless Infinity 1 Incorporated and Encore Toy Co., including their officers, directors, employees, and agents, from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
• Your use of the Site
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws
Encore reserves the right to assume exclusive defense and control of any matter subject to indemnification.
DISPUTE RESOLUTION
Informal Resolution
The parties agree to attempt to resolve disputes through good faith negotiation before initiating formal proceedings.
Arbitration
Any dispute arising out of or relating to these Terms shall be resolved by final and binding arbitration under the Federal Arbitration Act.
Arbitration will be conducted by a single neutral arbitrator and administered by the American Arbitration Association (or similar provider).
The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
Class Action Waiver
ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.
YOU AGREE THAT YOU MAY NOT BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
The arbitrator may not consolidate multiple claims or preside over any class proceeding.
Disclaimer of Liability
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFINITY 1 INCORPORATED AND ENCORE TOY CO. DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
WE DO NOT GUARANTEE THAT:
• THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE
• CONTENT WILL BE ACCURATE OR COMPLETE
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENCORE OR INFINITY 1 INCORPORATED BE LIABLE FOR:
• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR USE
ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.
YOUR SOLE REMEDY IS TO STOP USING THE SITE.
Termination
We reserve the right to terminate or restrict your access to the Site at any time, without notice.
Governing Law
These Terms are governed by the laws of the State of Minnesota.
You agree that any disputes shall be subject to the exclusive jurisdiction of courts located in Minnesota.
Entire Agreement
These Terms constitute the entire agreement between you and Encore regarding use of the Site and supersede all prior agreements.
If any provision is found unenforceable, the remaining provisions will remain in full force.
Changes to These Terms
We may update these Terms at any time. The latest version will always be posted on this page.
Contact Us
Encore Toy Co
(operated by Infinity 1 Incorporated)
1674 Lake Dr W
Chanhassen, MN 55317
United States
mail: info@encoretoyco.com
Phone: 952-556-1121