Terms & Conditions
Terms and Conditions
For Web Site Users and Purchasers of
Guppy, LLC, at www.shopguppy.com
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Website. Please refer to our privacy, return/exchanges, and shipping policies found elsewhere on this Website.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Guppy LLC, a California limited liability company. The collective work includes works that are licensed to Guppy, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Guppy, LLC or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Guppy, LLC, or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Guppy, LLC.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Guppy, LLC or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, and their affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Guppy, LLC or such other owner.
On Line Shopping
This Website may offer online capabilities to purchase products (such as toys) and services. You must be 18 years of age or older to make any such purchases. Check our online store for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services.
No Purchases by Minors
By ordering a product online from Guppy, LLC, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Guppy, LLC without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
Taxes
We charge and collect California sales tax on sales of our products to California residents who are not exempt from sales taxes. All others are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Guppy, LLC.
Shipping and Processing; Insurance; Returns
You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. . Please review the information elsewhere on this Website regarding our return policies.
Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any trademark or other proprietary information; (d) use any meta tags or any other "hidden text" utilizing any trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, that violate any right of any third party or are otherwise objectionable (as that term is used in the U.S. Communications Decency Act); or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website; or that otherwise violate these Terms and Conditions or any guidelines or restrictions posted on this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
Impersonation of others, including a Guppy, LLC or other employee, vendor, or representative, as well as other member, customers or visitors on this Website is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, harassing, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is” and “as available,” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Guppy, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Guppy, LLC does not represent or warrant that the functions contained in this Website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Guppy, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
You are entitled to the manufacturer’s limited expressed warranty, if any, that accompanies the product you purchase from Guppy, LLC, as your sole and exclusive remedy. Guppy, LLC makes no additional or independent warranty. Nothing in these terms and conditions is intended to enlarge, modify, or replace the original manufacturer’s warranty and liability for defects. Some states do not permit limitations or exclusions on warranties, so the limitations in these terms and conditions may not apply to you.
Please feel free to contact us at: info@shopguppy.com for assistance with warranty claims. You are also welcome to call us at 888-317-6497 for information about your purchase from Guppy, LLC.
Limitation of Liability
Guppy, LLC will not be liable for any punitive, special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, including but not limited to lost profits, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Guppy, LLC product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We also reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Guppy, LLC will issue a credit to your credit card account in the amount of the incorrect price.
When Terms and Conditions Become Applicable to You
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Guppy, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, will survive any termination.
Notice
Guppy, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Guppy, LLC.
Indemnification
You agree to indemnify, defend, and hold harmless Guppy, LLC, its officers, members, managers, employees, agents, licensors and suppliers (collectively the " Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
General
All sales of Guppy, LLC products will be deemed made in the State of California, regardless of the location of the purchaser. To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of California, U.S.A. and you consent to the exclusive jurisdiction and venue of courts in Solano County, California, U.S.A. in all disputes arising out of or relating to the use of the Guppy, LLC Website. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Guppy, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Guppy, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Guppy, LLC may assign its rights and duties under these terms and conditions to any party at any time without notice to you. Use of the Guppy, LLC Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Guppy, LLC as a result of these terms and conditions or use of this Website.
Guppy, LLC’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in these terms and conditions is in derogation of Guppy, LLC’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the this Website or information provided to or gathered by Guppy, LLC with respect to such use.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions will continue in effect. Except as otherwise specified herein, these terms and conditions constitute the entire agreement between the user and Guppy, LLC with respect to the Guppy, LLC Website and our products, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Guppy, LLC with respect to the Guppy, LLC’s Website and products.
A printed version of these terms and conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these terms and conditions and all related documents be in the English language.