Conditions of Use:
Last updated: May 3, 2022
Welcome to Intrepid Transformations. Intrepid Transformations LLC (hereafter “Intrepid Transformations” and/or “ITL”) and/or its affiliates (“ITL”) provide website features and other products and services to you when you visit or shop at IntrepidTransformations.com, use ITL products or services, use ITL applications for mobile, or use software provided by ITL in connection with any of the foregoing (collectively, "ITL Services"). By using the ITL Services, you agree, on behalf of yourself and all members of your household and/or business and others who use any Service under your account, to the following conditions. Please read these conditions carefully. We offer a wide range of ITL Services, and sometimes additional terms may apply. When you use an ITL Service (for example, Your Profile, Gift Cards, ITL offered Video, Your Media Library, or ITL applications) you also will be subject to the guidelines, terms and agreements applicable to that Intrepid Transformations (ITL) Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. PRIVACY Please review our Privacy Notice, which also governs your use of ITL Services, to understand our practices. ELECTRONIC COMMUNICATIONS When you use ITL Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ITL Services, such as our Message Center, and 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 Intrepid Transformations LLC (ITL) Product or Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ITL 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 ITL Service is the exclusive property of ITL and protected by U.S. and international copyright laws. TRADEMARKS Click here to see a non-exhaustive list of ITL trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ITL Service are trademarks or trade dress of ITL in the U.S. and other countries. Intrepid Transformations trademarks and trade dress may not be used in connection with any product or service that is not ITL's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ITL. All other trademarks not owned by ITL that appear in any ITL Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ITL. PATENTS One or more patents owned by ITL apply to the ITL Services and to the features and services accessible via the ITL Services. Portions of the ITL Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable ITL patents and applicable licensed patents. LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, ITL or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ITL Services. This license does not include any resale or commercial use of any ITL Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ITL 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 Conditions of Use or any Service Terms are reserved and retained by Intrepid Transformations or its licensors, suppliers, publishers, rightsholders, or other content providers. No ITL Service, nor any part of any ITL Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ITL. 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 ITL without express written consent. You may not use any meta tags or any other "hidden text" utilizing Intrepid Transformations’ name or trademarks without the express written consent of ITL. You may not misuse the Intrepid Transformations Services. You may use the ITL Services only as permitted by law. The licenses granted by ITL terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own Intrepid Transformations account to use certain ITL Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Intrepid Transformations 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 the ITL Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their ITL Household account. Some listings on Intrepid Transformations are intended for adults. You must be at least 18 years of age to purchase or use any site functionality related to adult products and services offerings. Intrepid Transformations reserves the right to refuse service, terminate accounts, terminate your rights to use ITL Services, remove or edit content, or cancel orders in its sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; 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 (including publicity 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" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Intrepid Transformations reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Intrepid Transformations a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Intrepid Transformations and sublicensees 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 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 Intrepid Transformations for all claims resulting from content you supply. Intrepid Transformations has the right but not the obligation to monitor and edit or remove any activity or content. Intrepid Transformations takes no responsibility and assumes no liability for any content posted by you or any third party. INTELLECTUAL PROPERTY COMPLAINTS Intrepid Transformations respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement RISK OF LOSS All purchases of physical items from Intrepid Transformations 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 Intrepid Transformations does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Intrepid Transformations does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center. PRODUCT DESCRIPTIONS Intrepid Transformations attempts to be as accurate as possible. However, ITL does not warrant that product descriptions or other content of any ITL Service is accurate, complete, reliable, current, or error-free. If a product offered by ITL itself is not as described, your sole remedy is to return it in unused condition. PRICING "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Amazon and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Intrepid Transformations. With respect to items sold by ITL, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ITL is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We may charge your credit card before your order has entered the shipping process or, for digital products, until we make the digital product available to you, but may charge after shipping or digital content availability. APP PERMISSIONS When you use apps created by ITL or third-party providers, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here. SANCTIONS AND EXPORT POLICY You may not use any ITL Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ITL Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. OTHER BUSINESSES Parties other than Intrepid Transformations operate stores, provide services or software, or sell product lines through the ITL Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Intrepid Transformations. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Intrepid Transformations does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE INTREPID TRANSFORMATIONS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INTREPID TRANSFORMATION (ITL) SERVICES ARE PROVIDED BY INTREPID TRANSFORMATIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INTREPID TRANSFORMATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INTREPID TRANSFORMATIONS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING DIGITAL CONTENT & SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INTREPID TRANSFORMATIONS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE INTREPID TRANSFORMATIONS SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, INTREPID TRANSFORMATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTREPID TRANSFORMATIONS DOES NOT WARRANT THAT THE INTREPID TRANSFORMATIONS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INTREPID TRANSFORMATIONS SERVICES, INTREPID TRANSFORMATIONS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INTREPID TRANSFORMATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, INTREPID TRANSFORMATIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INTREPID TRANSFORMATIONS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING DIGITAL CONTENT, MEDIA, OR SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INTREPID TRANSFORMATIONS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISPUTES Any dispute or claim relating in any way to your use of any Intrepid Transformations Service will be adjudicated in the state or Federal courts in Palm Beach County, FLORIDA, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. APPLICABLE LAW By using any Intrepid Transformations Service, you agree that applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Intrepid Transformations. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our pricing policy, posted on this site or available by emailing firstname.lastname@example.org. These policies also govern your use of ITL Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions 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.