Term of Use

Welcome to ifidea.com, a website operated by IFiDEA. IFiDEA Provides the services to you subject to the following conditions.

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, DO NOT USE THIS WEBSITE.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

Mature Audiences Only

The IFiDEA catalog and website are intended for mature audiences only. The content may be unsuitable for children under the age of 18. IFiDEA does not sell or market to children. IFiDEA sells and markets to adults 18 and over who can purchase with a credit card or money order. If you are under 18, you must use the IFiDEA website and/or view the IFiDEA catalog with the involvement of a parent or guardian. BY USING THE WEBSITE, YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER.

Privacy

Please review our Privacy Policy, which governs your visit to ifidea.com to understand our practices.

License and Site Access

IFiDEA grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify the site or any portion of it, except with express written consent of IFiDEA. 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. No part of the IFiDEA website may be reproduced, duplicated, copied, sold, resold, visited, stored in, or introduced into a retrieval system or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without the express written consent of IFiDEA.

Without express written consent, 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 IFiDEA and our affiliates. You may not use any meta tags or any other “hidden text” utilizing IFiDEA’s name or trademarks without the express written consent of IFiDEA. Any unauthorized use terminates the permission or license granted by IFiDEA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IFiDEA so long as the link does not portray IFiDEA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Without express written permission, you may not use any IFiDEA logo or other proprietary graphic or trademark as part of the link.

Sales

IFiDEA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Comments, Communications, and Other Content

Visitors may send action figure greeting cards and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content’s identity.

If you do submit material, and unless we indicate otherwise, you grant IFiDEA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IFiDEA the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IFiDEA or its affiliates for all claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims of copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms of Use or your use, authorized or unauthorized, of the site. This provision does not apply to personal injury claims and provides for indemnification only for the specific situations stated. IFiDEA has the right but not the obligation to monitor and edit or remove any activity or content. IFiDEA takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from IFiDEA are made according to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Product Descriptions

IFiDEA attempts to be as accurate as possible. However, IFiDEA does not warrant that product descriptions, prices, photographs, or other content of this site or our catalog are accurate, complete, reliable, current, or error-free. IFiDEA is not responsible for typographical errors, manufacturer delays in delivery, or product changes. All product descriptions, case assortments, variations, prices, and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by IFiDEA itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY IFiDEA ON AN “AS IS” AND “AS AVAILABLE” BASIS. IFiDEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IFiDEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IFiDEA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IFiDEA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IFiDEA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IFiDEA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

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.

LIMITATION OF LIABILITY

IFiDEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL ECONOMIC DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR CONSUMER FRAUD.

Resolving Disputes

If a dispute should arise between you and IFiDEA, we want to provide you with an efficient and cost-effective resolution 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 service@ifidea.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 IFiDEA 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 IFiDEA’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, IFiDEA 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 can award the same damages and relief as a court. 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 from or relating to these Terms shall be referred to and finally determined by arbitration under the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules outlined in this Agreement to Arbitrate, the rules outlined in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for initiating an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or IFiDEA 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 IFiDEA will pay all other administrative costs and fees. In addition, for claims of less than $1,000, IFiDEA will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Ventura County, California, or any other location we mutually agree to, subject to California 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 IFiDEA, 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 calculating any damages awarded. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon you and IFiDEA. 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 individually 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. If any litigation should arise between you and IFiDEA in any state or federal court in a suit to vacate or enforce an arbitration award, or otherwise, YOU AND IFiDEA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolve the dispute. 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 IFiDEA at service@ifidea.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 a clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed by using the website no later than 30 days after you first accept the Terms of Use.

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 under the laws of the State of California, 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 in California or a federal court of competent jurisdiction in the District Court of California.

Site Policies

Please review our other policies, such as our Ordering, Credit Card/Payment, Shipping, and Refund and Returns policies, and our Mint Condition Guarantee, posted in our FAQ.

Modification

The Terms of Use were updated on October 10, 2020. We reserve the right to change our site, policies, and these Terms of Use at any time. YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

SEVERABILITY

The provisions of these Terms of Use are intended to be interpreted in a manner that makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal, or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us or, alternatively, by the disposition of a court of law or arbitrator. Suppose such provisions cannot under any circumstances be so modified or restricted. In that case, they shall be excised from the Terms of Use without affecting the validity, legality, or enforceability of any remaining provisions.

IFiDEA
https://www.ifidea.com/