We
ship to US and Canada only. Your orders will be delivered using your choice from the
available carriers. We will ship all purchased items within three days of order
with regular ground shipping. If you would like to rush your order, please
email us at [email protected]
and we can work something out to get your order to you sooner.
Contact
Please
do not hesitate to contact us for any question, inquiry or suggestion. We value
your opinion! Email us at [email protected]
and we will get back to you as soon as possible.
Return policy and product descriptions
adaptivePlay
always tests its products before shipping them to our customers, so you can be
assured that your order will be sent in the best conditions. To keep our prices
affordable, we have decided to not accept returns beyond 3 business days upon receipt of your order. adaptivePlay attempts
to be as accurate as possible. However, adaptivePlay does not warrant that
product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by adaptivePlay itself
is not as described, please email us at [email protected] and we will
work with you to make sure you are satisfied with your experience shopping on
our site.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ADAPTIVEPLAY
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADAPTIVEPLAY 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, ADAPTIVEPLAY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAPTIVEPLAY
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ADAPTIVEPLAY
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADAPTIVEPLAY 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 DAMAGES. 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.
Customization of
products
adaptivePlay
does not design and produce the products available on our site. adaptivePlay
purchases brand new branded products directly from retail stores and customizes
them to make them more usable by children with special needs. adaptivePlay is in
no way representing other brands nor do these brands bear any responsibility
once their products are customized by adaptivePlay.
The products sold on adaptivePlay.org were all lawfully purchased by adaptivePlay from retail stores, modified by adaptivePlay to become switch-adapted, and is being sold by adaptivePlay under the rights granted via the first-sale doctrine recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. 109. The use of the descriptive brand names are used under the knowledge and understanding of the fair use, or nominative use act.
Safety
adaptivePlay
directly purchases their products from retail stores and will therefore not be responsible
for testing these products for safety. Once adaptivePlay customizes these
products to be more usable by children with special needs, adatptivePlay is not
responsible for any potential harms that may occur as a result of using the
products. adaptivePlay strongly recommends for at least one adult to supervise the
child’s activity when using a product purchased from adaptivePlay. Because the products
have been customized and tampered with to make them more usable by children
with special needs, adaptivePlay will not take responsibility for any harm to
the child or individuals in the child’s environment that may result from using
adaptivePlay products.
All toys sold by adaptivePlay are to be only used by children with special needs, and under adult supervision.
Risk of Loss
All items purchased from adaptivePlay 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ADAPTIVEPLAY
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADAPTIVEPLAY 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, ADAPTIVE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAPTIVEPLAY
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ADAPTIVEPLAY
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADAPTIVEPLAY 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 DAMAGES. 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.
Applicable
Law By visiting adaptivePlay, you agree that the laws of the state of California,
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
adaptivePlay or its affiliates.
Disputes Any dispute relating
in any way to your visit to adaptivePlay or to products you purchase through adaptivePlay
shall be submitted to confidential arbitration in California, except that, to
the extent you have in any manner violated or threatened to violate adaptivePlay's
rights, adaptivePlay may seek injunctive or other appropriate relief in any
state or federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Site
Policies, Modification, and Severability Our privacy policy also governs your visit to adaptivePlay. We reserve
the right to make changes to our site, policies, and these Terms and Conditions
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.
