PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
Welcome to the Diztrac LLC website, www.Diztrac.com. Diztrac LLC (“Diztrac Toys and Collectibles”, “us”, “our”, and/or “we”) provides services (“Diztrac LLC Services”) to you subject to the notices, terms, and conditions set forth in this agreement.
By using Diztrac LLC Services, you agree to these conditions. Please read them carefully.
POLICIES
Please Review all of our Policies posted in the Diztrac LLC Help Center (www.Diztrac.com/help). These Policies govern your use of Diztrac LLC Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Please review our Privacy Notice, which also governs your use of Diztrac LLC Services, to understand our practices. Our Privacy Policy is available at https://www.diztrac.com/diztrac-llc-privacy-policy/.
ELECTRONIC COMMUNICATIONS
When you use any Diztrac LLC Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Diztrac LLC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Diztrac LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Diztrac LLC Service is the exclusive property of Diztrac LLC and is protected by U.S. and international copyright laws.
TRADEMARKS
DIZTRAC TOYS AND COLLECTIBLES is a registered trademark of Diztrac LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Diztrac LLC Service are trademarks or trade dress of Diztrac LLC in the U.S. and other countries. Diztrac LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Diztrac LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Diztrac LLC. All other trademarks not owned by Diztrac LLC that appear in any Diztrac LLC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diztrac LLC.
Star Wars, the Star Wars logo, all names and pictures of Star Wars characters, scenes, items or any other Star Wars related subject are registered trademarks, trademarks, and/or copyrights TM & © Lucasfilm, Ltd. All rights reserved. Used under authorization.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use, Diztrac LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Diztrac LLC Services. This license does not include any resale or commercial use of any Diztrac LLC Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Diztrac LLC Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Diztrac LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No Diztrac LLC Service, nor any part of any Diztrac LLC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Diztrac LLC. 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 Diztrac LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Diztrac LLC’s name or trademarks without the express written consent of Diztrac LLC. You may not misuse the Diztrac LLC Services. You may use the Diztrac LLC Services only as permitted by law. The licenses granted by Diztrac LLC terminate if you do not comply with these Terms of Use.
YOUR ACCOUNT
If you use any Diztrac LLC Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Diztrac LLC does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Diztrac LLC Services only with involvement of a parent or guardian. Diztrac LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
RISK OF LOSS
All items purchased from Diztrac LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Diztrac LLC does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Diztrac LLC does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Diztrac LLC attempts to be as accurate as possible. However, Diztrac LLC does not warrant that product descriptions, prices, photographs, or other content of any Diztrac LLC Service is accurate, complete, reliable, current, or error-free. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. If a product offered by Diztrac LLC is not as described, your sole remedy is to return it in unused condition.
PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, manufacturer delays or changes in product, or other product information received from our suppliers, Diztrac LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
DIZTRAC LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DIZTRAC LLC SERVICES ARE PROVIDED BY DIZTRAC LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIZTRAC LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIZTRAC LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DIZTRAC LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF DIZTRAC LLC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIZTRAC LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIZTRAC LLC DOES NOT WARRANT THAT DIZTRAC LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DIZTRAC LLC SERVICES, DIZTRAC LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIZTRAC LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIZTRAC LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIZTRAC LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DIZTRAC LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
If a dispute should arise between you and Diztrac LLC, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at sales@Diztrac.com. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Diztrac LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Diztrac LLC.’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Diztrac LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate , the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Diztrac LLC. must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Diztrac LLC will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Diztrac LLC will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in Clark County, Nevada, or any other location we mutually agree to, subject to Nevada law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Diztrac LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Diztrac LLC. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Diztrac LLC. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DIZTRAC LLC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Diztrac LLC. at admin@diztrac.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Nevada or federal court of competent jurisdiction in the District Court of Nevada.
OUR ADDRESS
Diztrac LLC
225 S. Stephanie St. Unit 814
Henderson, NV 89012
https://www.diztrac.com
COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please note that this procedure is exclusively for alerting Diztrac LLC to possible copyright infringements of your material.
Please send your complaint to:
Diztrac LLC
225 S. Stephanie St. Unit 814
Henderson, NV 89012
https://www.diztrac.com
Email: sales@Diztrac.com
(800) 464-9115