TERMS AND CONDITIONS OF SERVICES AND USE
(Last Updated: December 15, 2022)
Welcome to Hasbro Pulse, an ecommerce platform featuring fan products (the “Products”) which are made available by Hasbro to its consumers for purchase to and which also contains content owned and operated by Hasbro, Inc. and its subsidiaries and affiliated companies (“Hasbro”, “We”, “Our” or “Us”). These Terms of Use apply to our websites (including hasbropulse.com), Hasbro Pulse mobile application (website and mobile application, together the “Site”), the Hasbro IP (as defined below), and any other content or functionality and related services (collectively, the "Services").
From time to time, you may also use the Services to financially contribute to and order creative toys, products and other items that will be developed and made available by Hasbro (“Crowd-Funded Products”).
Your access to and use of the Services, including ordering product, accessing content, financially backing projects, and other features that are a part of the Services, are subject to these terms of use (these “Terms”). To learn more about Hasbro’s privacy practices for the Services, please see Hasbro’s Privacy Policy (available here and hereby incorporated by reference into these Terms).
By accessing or using the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not use the Services.
If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Hasbro reserves the right to change these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms. If we make material changes to these Terms, we will provide you with additional notice of such changes by sending you an email at the last email address you provided us, or by prominently posting notice of the changes on the Site. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or back a Crowd-Funded Product, receive or use the Products.
If you do not agree to the revised Terms, you may not continue to access or use the Services or back Crowd-Funded Products.
Table of Contents
- Services Operation & Eligibility
- Your Account; Electronic Communications
- Crowd-Funded Products
- Payment and Billing Information; Fraudulent or Unauthorized Activity
- Shipping
- Return Policy
- Compliance with Laws
- Ownership of the Services and Content
- Linked Sites
- Your Use of the Site and Services
- Disclaimers and Limitation of Liability
- Indemnification
- Waiver; Remedies
- Governing Law; Venue
- Disputes
- Feedback
- Modifying and Terminating our Services
- Severability
- Miscellaneous
- Questions; California Website Users
1. Services Operation & Eligibility
We control and operate the Services from the United States. We do not accept orders to be shipped to countries outside the United States (except for APO/FPO addresses) and Canada and we make no representation that the Services or its contents are appropriate or available for use outside the United States and Canada or otherwise comply with any laws, rules, and regulations outside the United States and Canada. If you choose to access the Services from outside the United States and Canada, you do so at your own risk. You must be at least 16 years of age to use our Services. If you are 16 or older but under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to your account, including, without limitation, any Projects that are backed using your account.
2. Your Account; Electronic Communications
To obtain access to certain portions of the Services, you may be required to register for an account on the Site, or submit your name or nickname and email address in connection with content that you post to the Site. As part of the account registration process, you will enter your email address and provide a password. You agree that the information you supply during that registration process will be accurate and complete. In accessing and using the Services, you agree that you will not (i) register with, or attempt to register with, or otherwise use another person's email address, name, or other information; (ii) use or attempt to gain access to the account (including the password) of anyone else without permission; (iii) use an account, or password in violation of the intellectual property or privacy rights of any person; or (iv) publicly post or otherwise use a name or nickname that Hasbro considers to be offensive. Hasbro reserves the right to reject or remove any name/nickname, reject a password, or terminate the account of any user who uses a name, nickname and/or password, that we deem offensive in our sole reasonable discretion.
You are responsible for preserving the confidentiality of your password (such as by not sharing it with others) and other account information you use to access the Services, and you will immediately notify us of any known or suspected unauthorized use of your account. If you lose your password, or if your password or other account information is compromised, your access to and/or use of the Services may be terminated or suspended. We will not be liable for any loss or damage arising from your failure to comply with this section, and you will be responsible for the acts or omissions of any third party that accesses or uses your account or Services on your behalf, whether such use is authorized or due to your negligence, gross negligence, or willful misconduct (such as by failing to secure your account credentials or sharing your account credentials in violation of these Terms).
Please be sure to keep your information, including your account information, up to date.
By creating an account or backing a Crowd-Funded Product, you also consent to receive electronic communications from Hasbro (e.g., via email or by posting notices on the Site, or in your account). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
3. Crowd-Funded Products
Overview
When you back a Crowd-Funded Product, you are making a commitment to purchase the Crowd-Funded Product that will only be fulfilled if the minimum number of backings are met for the project during the Project Backing Period. Each Crowd-Funded Product will have its own duration when you can back the Crowd-Funded Product, each a “Project Backing Period.” Once the minimum number of backings is met, your backing becomes an “Order” and your payment is collected at the completion of the Project Backing Period, then the Crowd-Funded Product will be made and ultimately shipped.
Minimum Commitment Goal Requirement
You will provide your payment information when you back a Crowd-Funded Product, but you will not be charged at that time. You are only charged if the project reaches the minimum backing goal during the Project Backing Period. The exact amount you back is the amount Hasbro will collect, including an estimate of sales tax based upon shipping information provided. To the extent that the estimated sales tax collected is required to be adjusted when the product is shipped, Hasbro reserves the right to make any necessary adjustments. If the project has not reached its minimum backing goal during the Project Backing Period, you will not be charged, no funds will be collected, and no money will change hands. Check the main page for the Crowd-Funded Product you backed to see if the minimum commitment goal has been met.
Early Reservation of Charges
In some cases, we will reserve the charge on your card. Hasbro and its payment partners may authorize or reserve a charge on your payment method for any amount up to the full backing amount, at any time between your backing and the collection of funds.
Early Cancellation of Your Backing
You can cancel your backing at any time before the completion of the Project Backing Period by contacting customer support at 1-866-278-4264.
Revocation of Backing
We reserve the right to revoke your backing at any time in our sole reasonable discretion, including as a result of an actual or suspected violation of these Terms.
4. Payment and Billing Information; Fraudulent or Unauthorized Activity
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your backing and/or Product or Order, as applicable (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your Order. In the event you want to change or update payment information associated with your backing, you can do so at any time by contacting Hasbro’s Customer Support at 1-866-278-4264.
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other shipping charges described in the Shipping Section below, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
As part of our order processing procedures, we may screen received backings and Orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an Order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your backing or Order or we may contact you at the phone number or email address you provided to confirm your Order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
5. Shipping
Shipping Address
We are currently shipping to the 50 United States, Puerto Rico, the US Virgin Islands, APO/FPO addresses that are outside of the United States, the District of Columbia, and Canada. Please note we cannot ship to any other locale at this time. We reserve the right to increase, decrease, add, or eliminate shipping, handling and processing charges from time to time, including based upon changes to your account, but we will provide a notice and receipt of the charges applicable to you. Generally, shipping is handled by a third-party courier. You agree that you will not obtain, or arrange for the direct shipment of, our Products for export.
Shipping Options
We offer several shipping options to meet your needs when shipping in the contiguous US and one option for shipments to Canada. Also, note that an additional fee of $20 may apply for shipping, handling or processing outside of the contiguous US, including: Puerto Rico, US Virgin Islands, and APO/FPO address and an additional fee of $25 for Canada. Once you receive your shipment notification email, please allow 7-10 business days from the date shipped and a minimum of 4 weeks to APO/FPO addresses for delivery.
Please allow extra shipping time for Orders delivered to Canada, Alaska, Hawaii, Puerto Rico, the US Virgin Islands and APO/FPO addresses.
Please note that for shipments of merchandise to Canada, the Canadian purchaser/recipient of the merchandise is the importer of record (the “Importer”) and is responsible for complying with all Canadian laws and regulations for importing such merchandise into Canada. When you place an order for shipment to Canada, you are authorizing our Canadian customs broker to act as agent on the Importer’s behalf (whether the Importer is you or another person) with Canada Border Services Agency (“CBSA”), to clear, report, and account for the imported merchandise with CBSA and remit to CBSA all applicable requirements. At check-out, the total amount for “Shipping” will include all applicable duties and fees (in addition to all freight and handling fees) and the total amount for “Taxes” shall include all applicable sales tax.
Estimated Shipping Date
For HasLab and pre-order product, the date listed on the Site is an estimate of when the Products are expected to ship — not a guarantee to fulfill by that date. The schedule may change as production on the Products continue. Some projects or Orders may contain multiple shipments. In these cases, you will see two estimated shipment dates.
For all other products, if all items are in stock, express orders are shipped overnight for delivery within one business day within the US. Express orders placed before 12 PM ET will ship the same business day (Monday through Friday, excluding holidays) if all items are in stock. Please note that orders placed on weekends or holidays will ship the next business day. Express service is not available for shipments to Canada, Puerto Rico, Hawaii or Alaska.
When your order consists of multiple items, we will always attempt to group your items into as few shipments as possible. At times, when your order contains multiple items, it may be necessary to send your items in separate shipments to ensure that you receive them in a timely manner.
Additional Shipping Information
Generally, shipping is handled by a third-party courier. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of any such Product passes to you upon our delivery of the Product to the third-party courier. For more information on shipping please see the Shipping & Return Policy at www.HasbroPulse.com/shipping-and-return-policy, your Order confirmation, or the FAQ.
6. Return
For more information on cancellations, returns and refunds please refer to the Shipping & Return Policy at www.HasbroPulse.com/shipping-and-return-policy.
7. Compliance with Laws
It is your responsibility to ascertain and obey applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item acquired through the Services. By backing or Ordering a Product, you represent that such Products will be used only in a lawful manner.
8. Ownership of the Services and Content
8.1.
You acknowledge and agree that the Services and all content, materials, trademarks, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio (including sound effects), software, and infrastructure, as well as the selection, assembly and arrangement thereof (collectively, “Hasbro IP”) are the property of Hasbro or our licensors or licensees and are protected by copyright, trademark and/or other proprietary rights and laws. You will not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials of the Services, including without limitation Hasbro IP, HASBRO, HASLAB, HASBRO PULSE and the respective logos are trademarks of Hasbro, Inc. All other trademarks are the property of Hasbro or their respective owners. All of the Service's content is copyrighted by Hasbro, Inc. All rights reserved.
Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by Hasbro.
8.2.
Content that you post using our Services is your content (“User Content”). Unless noted at the time of collection, Hasbro does not make any claim of ownership to User Content, which includes anything you post or submit to Hasbro while using our Services (like photos, digital images, names, etc.). You understand that you are solely responsible for any User Content that you submit to Hasbro. You represent that you have all necessary rights and permissions to User Content and that you are not infringing or violating any third party’s rights by submitting User Content to Hasbro. Further, by submitting User Content to Hasbro, you grant to Hasbro the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Content. You agree not to assert any moral rights or rights of publicity against Hasbro for using User Content.
9. Linked Sites
The Services may contain links to third party websites or applications, and your use of such sites or applications will be governed by the terms of use and privacy polices of their owners and operators (“
Linked Sites”). Linked Sites are not under our control and we are not responsible for the availability or contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through any Linked Site.
10. Your Use of the Site and Services
Subject to your strict compliance with these Terms and any other terms or instructions that may be provided to you from time to time in connection with the Services, we hereby grant you a personal, limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive license to access and use the Site and the Services. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or the Services, and (ii) may be immediately suspended or terminated for any reason, in Hasbro’s sole discretion, and without advance notice or liability. We are not responsible for any consequences of the revocation of such license, such as a resulting inability to use the Premium service. Your unauthorized use of the Site or the Services may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
The Services are provided by us and is intended to be used in a safe and enjoyable fashion. Users of the Services must
not:
- Attempt to circumvent the security systems of the Services;
- Attempt to gain access to the Services in a fraudulent manner;
- Attempt to gain access to any other user’s account without permission;
- Attempt to circumvent geographic restrictions of the Services or attempt to access any feature or area of our Services that you are not authorized to access;
- Ascertain or attempt to ascertain any other user's personal information by any means whatsoever, including without limitation by use of the Services, any other website, or by e-mail communication, for any purpose whatsoever, including but not limited to marketing other products or services to such other user;
- Contact other users for any reason, including to advertise other products or services or solicit donations;
- Sell, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, retransmit, disseminate, transfer, lease, broadcast, timeshare, loan, disclose, modify or create derivative works from, or in any way exploit the Services, and/or any of the content or materials on the Services, in whole or in part, including without limitation Hasbro IP and third party intellectual property made available or presented through the Services;
- Upload or submit any data, information, files, or other content that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;
- Use of robot technology on the Site or with the Services for any purpose;
- Upload or submit any data, information, files, or other content that infringes any intellectual or other proprietary rights of any person or party, poses or creates a privacy or security risk to any person or party, or violates the legal rights of others;
- Upload or submit any content that is harmful, threatening, abusive, harassing, offensive, or, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Site or the Services, or which may expose us or others to any harm or liability of any type;
- Use the Site or Services for any purposes other than browsing products, projects, and content, backing projects, ordering and rating/reviewing Products; or
- Violate these Terms, any policies posted on the Site, or any applicable laws or regulations or otherwise engage in any activity that promotes or encourages illegal activity.
We expressly reserve the right, which shall be exercised in our sole and absolute discretion to remove or reject any content, submission, order, or user from the Site or the Services and/or cancel any related order or block the access of any user who contravenes any of the provisions of these Terms, without notice or liability to such user.
10.1 Distribution of User Content
We allow users to the Site to post ratings and reviews on and questions about Products featured on the Site. By submitting such ratings, reviews, and questions, you automatically agree and promise that all content in ratings, reviews, and questions is accurate and original and that, without any particular time limit, and without the payment of any fees, we and anyone we permit may reproduce, display, distribute, and otherwise use the content in ratings, reviews, and questions and may create new works of authorship in any media or any advertising based on and including such content. Additionally, you grant us the right to use the name or nickname you submit in connection with our use of any such content.
If you have posted Product-related questions, ratings, or review content that you want us to remove from the Site, please email your request to CustomerService@HasbroPulse.com. Please note that we may still use the content as described above after it has been removed from the Site.
11. Disclaimers and Limitation of Liability
11.1 DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Services.
THE SERVICES AND ALL CONTENT THEREOF (INCLUDING LINKED SITES) AND THE PRODUCTS ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HASBRO AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS (TOGETHER WITH HASBRO, THE “HASBRO PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HASBRO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE, PRODUCTS, OR SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THE SITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE SITE, THE PRODUCTS, THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.2 LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE HASBRO PARTIES BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITE, PRODUCTS, OR SERVICES, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE SITE, PRODUCTS, OR SERVICES (INCLUDING, BUT NOT LIMITED TO INTERACTIVE FEATURES, YOUR CONTENT, THIRD PARTY CONTENT AND LINKED SITES), OR OTHERWISE RELATED TO THESE TERMS. YOU AGREE THAT THE LIABILITY OF THE HASBRO PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU PAID TO HASBRO, IF ANY, FOR PRODUCTS PURCHASED ON THE SITE.
THE LIMITATIONS SET FORTH IN THIS SECTION 11.2 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
12. Indemnification
You will indemnify, hold harmless, and defend the Hasbro Parties, from any and all claims, liabilities, damages, costs and expenses (collectively, “Claims”) arising out of or related to your (a) use or misuse of the Site or Services; (b) your violation of these Terms; or (c) your violation of any law or the rights of a third party. You will promptly notify the Hasbro Parties of any third-party Claims, cooperate with the Hasbro Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorney’s fees). The Hasbro Parties shall have control of the defense or settlement of any third-party Claims.
13. Waiver; Remedies
The failure of Hasbro to partially or fully exercise any rights or the waiver of Hasbro of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Hasbro or be deemed a waiver by Hasbro of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hasbro under these Terms and any other applicable agreement between you and Hasbro shall be cumulative, and the exercise of any such right or remedy shall not limit Hasbro’s right to exercise any other right or remedy.
14. Governing Law; Venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Rhode Island, without regard to conflict of law rules or principles (whether of Rhode Island or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Rhode Island and the United States, respectively, sitting in Providence, Rhode Island.
15. Disputes
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Hasbro and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.
Except for small claims disputes in which you or Hasbro seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Hasbro seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property,
you and Hasbro waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute that you have against Hasbro, you agree to first contact Hasbro and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Hasbro by certified mail addressed to:
Hasbro, Inc.
Attention: General Counsel
1011 Newport Avenue
Pawtucket, RI 02861
The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Hasbro cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by JAMS or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in in Providence, Rhode Island in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. To the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Rhode Island. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned, which means that you and Hasbro will not have the right to assert the claim.
You and Hasbro agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.
The arbitrators, Hasbro, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and Hasbro agree that for any arbitration you initiate, you will pay the filing fee and Hasbro will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Hasbro will pay all JAMS fees and costs. You and Hasbro agree that the state or federal courts of the State of Rhode Island and the United States sitting in Providence, Rhode Island have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND HASBRO AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Hasbro agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by contacting Hasbro by certified mail addressed to:
Hasbro, Inc.
Attention: General Counsel
1011 Newport Avenue
Pawtucket, RI 02861
In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14 (Governing Law; Venue).
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
16. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information about Hasbro or our Products or Services that you post, submit or otherwise communicate to us (collectively, “Feedback”), is non-confidential and will become the sole property of Hasbro. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website or application is completely free of errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an Order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
18. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
19. Miscellaneous
The failure of Hasbro to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Product Information and Availability May Change
Product information and availability is subject to change. All descriptions, images, references, features, content, specifications, and products, described or depicted on the Site are subject to change at any time without notice. Hasbro reserves the right, with or without prior notice, to limit the available quantity of any Product per-backing, per-Order, or per-account. The Product is not intended for resale.
20. Questions; California Website Users
Should you have any questions regarding these Terms you may contact us at
1-866-278-4264.
In addition, under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.