Terms and Conditions
Terms and Conditions
This site (gear.tombraider.com) is provided by DPI Merchandising Inc. (“we” or “us”).
Crystal Dynamics, Inc., Eidos Interactive Corp., CDE Entertainment Limited, Embracer Group AB, and their affiliates (collectively, “Crystal Dynamics”) are not responsible for the operation of this website.
Like most online retailers, we offer the use of this website under a set of legal terms that are designed to keep our operation efficient. This efficiency, in turn, helps us reduce costs and provide you with lower prices for our products. These Terms and Conditions are stated below, and your use of the site indicates that you have read and agree to abide by these Terms and Conditions.
CONTACTING US
Please address all questions, concerns, or feedback about gear.tombraider.com to DPI Merchandising Inc. (not Crystal Dynamics). You can contact DPI Merchandising Inc. as follows:
Email:
DPIM_CustomerSupport@dpipromo.com
Mail:
DPI Merchandising Inc.
245 Industrial Dr.
Roseburg, OR 97471
United States of America
DO NOT SEND RETURNS HERE, THEY WILL NOT BE PROCESSED
Phone:
+1 (415) 382-1659
PRIVACY
The collection and use of your personal information by this site is governed by the DPI Merchandising Inc. Privacy Policy, which is hereby incorporated by reference and forms a part of these Terms and Conditions.
ORDER CANCELLATIONS
DPI Merchandising Inc. has the right to cancel any order prior to shipment.
SHIPPING
Our Shipping Policy is found HERE. The Shipping Policy forms a part of these Terms and Conditions.
RETURNS & EXCHANGES
Our Returns and Exchanges Policy is found HERE. The Shipping Policy forms a part of these Terms and Conditions.
DISCLAIMER OF WARRANTIES
This site and the products and services offered on it are offered on an “as is” and “as available” basis, disclaiming all warranties, including specifically the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The product images shown are for illustration purposes only and may not be an exact representation of the product.
DPI Merchandising Inc. reserves the right to change product images and specifications at any time without notice.
LIMITATIONS OF DAMAGES AND REMEDIES
In disputes arising from your use of this site or the related products or services, DPI Merchandising Inc. and Crystal Dynamics will not be liable to you or any other person for anything other than direct damages (for example, DPI Merchandising Inc. and Crystal Dynamics exclude indirect, incidental, consequential, or punitive damages). The total amount of damages awarded to you will be limited to amounts previously paid by you to DPI Merchandising Inc.
If you claim to have incurred any losses, damages, or injuries in connection with use of this site or the related products or services, they will not be irreparable or sufficient to entitle you to an injunction or other equitable relief.
ARBITRATION OF DISPUTES
Disputes between you and us will be decided through binding arbitration, conducted on an individual (rather than a class) basis. As such, you waive the rights to have disputes decided on a class basis, to have the disputes heard in court, and to have the dispute decided by a jury. Arbitration will be conducted by the American Arbitration Association (a not-for-profit organization that provides alternative dispute resolution to individuals and organizations). For all claims totaling less than $10,000 USD, we will reimburse you for any part of the filing, administration, and arbitrator fees that you would otherwise be required to bear over and above the costs of pursuing the same claim in court, and we will not seek an award of attorneys’ fees or costs, unless the arbitrator determines that your claim was frivolous.
CHOICE OF FORUM AND LAW
Disputes will be heard in Denver County, Colorado. You have the right to participate in any arbitration hearing by telephone. Arbitrated disputes will be conducted according to the procedural rules of the American Arbitration Association, but this agreement will control in the event of any conflict between those rules and the terms explicitly provided herein. Disputes will be decided by the arbitrator under the substantive laws of the United States and Colorado, including the Federal Arbitration Act.
PROHIBITED USES
You agree not to access this site with malicious intent toward us, other users, Crystal Dynamics, or the companies whose brands are found on products or services available at the site. You agree not to violate any applicable law or regulation. You agree not to access data or other content other than as it is provided to you through a standard web browser interface, and you agree not to attempt to use data or other content for any purpose other than the intended, normal use of this site and its related products and services. You agree not to interfere with the normal functioning of this site, to disrupt or limit any person’s ability to access to this site, or to hack or otherwise attack this site or its users. You agree not to attempt to access any site account other than your account. You agree not to provide false or misleading information. You agree not to violate the intellectual property rights, rights of privacy, or other rights of any person or entity. You agree not to engage in harassing, threatening, or offensive conduct.
Children under the age of 13 are not permitted to use this website, submit any information to DPI Merchandising Inc., or purchase any products or services on this website.
SITE CONTENT
The content on this site, and on the products and service available at this site, is either owned by DPI Merchandising Inc. or is owned by third parties (such as Crystal Dynamics) and used under license by DPI Merchandising Inc. You are not granted any license to use this content and you will not reproduce, transmit, distribute, display, modify, create derivative works of, or mark other products or services with this content.
CONSUMER CONTENT
You will not contribute or otherwise upload content to the site that is actually or potentially offensive, objectionable, or that creates any risk of liability to a third party (for example, content that is libelous or that infringes a third party’s proprietary rights). Conforming content contributed to the site by you (for example, your reviews of products or your submission of product ideas) and all right, title, and interest to the intellectual property embodied in such content, will be deemed assigned to DPI Merchandising Inc. as of the date of contribution.
INDEMNIFICATION
You agree to indemnify and hold harmless us, other users, Crystal Dynamics, the companies whose brands are found on products and services at this site, and each of their owners, parents, subsidiaries, affiliates, directors, officers, and staff from any claim arising from your acts or omissions, including your breach of any of these Terms and Conditions, or your use or inability to use the site.
Some jurisdictions limit the extent to which parties can agree to limit warranties, procedures, or remedies. If any part of this agreement is held to be unenforceable, it will be deemed to have been timely amended so as to as closely as possible reflect the original intent in accordance with applicable law. If any part of this agreement cannot be so saved from unenforceability, then it will be severed from this agreement, with the remainder surviving.
NO WARRANTY
You agree that your use of this website and its affiliated domains shall be at your sole risk.
ERRORS
This website is operated by human beings. From time to time there may be errors in releases dates, product information, pricing, sales, and other information. We know that this may create an inconvenience for you and you have our deepest and sincere apologies. DPI Merchandising Inc. reserves the right to cancel and refund all orders that result from an error in information.
ARBITRAGE & RESELLING ON THIRD PARTY SITES
You agree that your use of this site is only for your personal use by you as a human. You also agree you will not use technology, automated or otherwise, to scrape, aggregate, catalog, redistribute, re-list, or resell content on this website, or for any other prohibited or improper purpose.
You agree not to circumvent the intended use of the content and functionality of this website.
You agree not to use the content or functionality of this site to violate any terms of use or policy on third-party sites.
If your account or session is suspected to be in violation of this policy your account may be banned, pending orders canceled (with refund), and potentially subject to an investigation.
TERMINATION OF ACCOUNT
DPI Merchandising Inc. reserves the right to terminate your account for any reason at any time. Such termination may result in, but not be limited to, the loss of your purchase history, pending order cancelation (with refund), and the loss of your ability to participate in this website and other websites in the future.
COMPLETE AGREEMENT
These Terms and Conditions are the complete agreement between you and us with regard to your use of this site and the related products and services, and you agree that your use and purchases are not based upon reliance on any representation not included in these Terms and Conditions.
AMENDMENTS
We may amend these Terms and Conditions by posting a revision, which will then apply to all uses of the site and related services and products made after the posting date.