Board Game Trial Terms of Service
Accepting these Terms
Welcome to Board’s Edge Games Trial Service! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Board’s Edge Games (“we,” “our,” “us,” or “Board’s Edge Games”), and governs your access to and use of our website located at boardsedgegames.com (and any successor site thereto) (the “Site”), related services, including Board’s Edge Games product trial services (together with the Site, the “Services”). These Terms also apply to in-person trials, which are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a legally binding contract between you and Board’s Edge Games. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract. Under no circumstances may you access or use the Services if you are under eighteen (18) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Board’s Edge Games through the Site, or otherwise made available to you by Board’s Edge Games (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States and are not intended to subject Board’s Edge Games to any non-U.S. jurisdiction or law. You may not use the Services to rent Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any content at any time, for any reason, in our sole discretion, and without notice. Board’s Edge Games will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
Use of Board’s Edge Games Services
As noted above, you must be 18 years or older to access or use the Services. You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account with anyone, and you must protect the security of your Account and any other access tools or credentials. You are solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
For more information about our payment and cancellation policies, please see our Payment Policy and Shipping, Delivery and Sales Tax Policies. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
If you wish to reserve a Product for a future date using our Trial service, the trial fee (“Trial Fee”) will include trial coverage charges and delivery charges (as applicable) listed on the Reserve Service for your trial of the applicable Product. Board’s Edge Games reserves the right to alter the Trial Fee or availability of any particular item at its discretion and without notice.
Billing and Payments
How Payments Work
When you place a trial order for a Product, you hereby authorize Board’s Edge Games to charge your payment card or other payment instrument (“Payment Method”) for the Trial Fee. You are responsible for providing complete and accurate billing and contact information to Board’s Edge Games and notifying Board’s Edge Games of any changes to such information. Board’s Edge Games will charge your Payment Method the amount of the Trial Fee immediately upon your trial order. A reservation of a Product through the Services is an order for the trial of that Product, regardless of how far in advance that Product is reserved.
Additionally, you hereby authorize us to charge your Payment Method the amount of the $30 immediately upon your order, so called the Deposit (“Deposit”), not including the Trial Fee. Should you choose to purchase the Product during or at the expiration of your Trial Period, you authorize Board’s Edge Games to retain the Deposit to cover the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
Trial Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Board’s Edge Games, shall be paid by you to Board’s Edge Games in connection with your trial order.
We reserve the right to suspend or cancel a trial order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You may choose to return Products in your possession to Board’s Edge Games prior to the expiration of your Trial Period. You must return all Products in your possession in accordance with these Terms. Please note that you will not receive any refunds of Trial Fees already paid for the Trial Services, and you will still be responsible for payment of any fees or charges (including, without limitation, all Trial Fees) incurred by you for the Trial Services. Except as expressly provided in these terms, Board’s Edge Games will not refund any fees that you have already paid.
Board’s Edge Games is also free to suspend, limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion, including your breach of these Terms.
If you do not return one or more Products (other than Products that you purchase) by the Product Return Date (see the “Returns, Extensions, Shipping, and Lost Items” section below), you hereby authorize us to retain your Deposit (see the “How Payments Work“ section below. If you pay Board’s Edge Games by the retention of the Deposit pursuant to this “Late Fees” section, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Trial Fee. Payment of any late fees does not excuse your breach of these Terms.
Board’s Edge Games Packaging
With the delivery of a Product, Board’s Edge Games may provide you with pre-paid return label to use in conjunction with the original packaging to return the Product (“Return Packaging”), as well as instructions for returning the Product to Board’s Edge Games. We may also, at our discretion, provide you with an electronic return label on demand in lieu of including a label in the initial packaging. You may not keep, sell, or transfer (other than to us) any Board’s Edge Games-branded bags, tags, and accessory boxes (“Board’s Edge Games Packaging”) that we provide to you.
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. The trial coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, rips, tears, or any other cause. “Normal wear and tear” means minor dents, dings, or folds. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to retain from your Deposit the price for repairing or replacing the Product, as determined in our discretion, up to the full Deposit.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
COVID-19 Liability Release Waiver
Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), our business is taking extra precautions with the care of every Product, to include enhanced sanitation/disinfecting procedures in compliance with CDC guidance.
You agree that you are aware of the highly contagious nature of COVID-19 and the risk that you may be exposed to or contract COVID-19 by using the Products. You understand that such exposure or infection may result in serious illness, personal injury, permanent disability, death, emotional distress or property damage to myself or to third parties. NOTWITHSTANDING THE RISKS ASSOCIATED WITH COVID-19, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO ACCESS THE SERVICES AND ENGAGE IN THE USE OF PRODUCTS WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, EMOTIONAL DISTRESS OR PROPERTY DAMAGE, TO YOURSELF OR TO THIRD PARTIES, ARISING FROM YOUR USE OF THE SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF BOARD'S EDGE GAMES OR OTHERWISE.
You must provide us with accurate shipping information, so that we can deliver Products to you in a timely manner. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any trials or sales of Products for any reason. Please see our Shipping, Delivery and Sales Tax Policies for more information regarding deliveries.
Returns, Extensions, Shipping, and Lost Items
You agree to return each trial Product (other than Products that you purchase) to Board’s Edge Games by the return date for such Product identified in your online account and/or the applicable invoice for your order or as otherwise set forth in these Terms (the “Product Return Date”). We may, but are not required to, permit you to extend your Trial Period for a Product (including by contacting us), subject to express approval by Board’s Edge Games and prepayment of any additional fees applicable to that Product for the period of time of the extension. If one or more of these conditions are not satisfied, the terms governing the retention of Deposit apply.
We are not responsible for any personal or other items left in the Products or which are returned to Board’s Edge Games in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at firstname.lastname@example.org. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.
If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Board’s Edge Games will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in Board’s Edge Games receiving the Product. Board’s Edge Games does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Board’s Edge Games will not be liable. You will be solely liable for all such delays and additional delivery fees.
Within 24 hours of Board’s Edge Games receiving the returned package, an inspection will be performed and a refund of your Deposit will be issued, subject to the terms in the sections “Late Fees” and “Use of the Products.”
The following provisions survive expiration or termination of these Terms (or your Account): “Changes,” “Late Fees,” “Board’s Edge Games Packaging,” “Returns, Extensions, Shipping and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BOARD’S EDGE GAMES PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO BOARD’S EDGE GAMES IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BOARD’S EDGE GAMES PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE BOARD’S EDGE GAMES PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Neither Board’s Edge Games nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Board’s Edge Games and all such parties together, the “Board’s Edge Games Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the Board’s Edge Games Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY BOARD’S EDGE GAMES (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND BOARD’S EDGE GAMES HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including informational emails (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information) to the phone number that you provide by any means. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold Board’s Edge Games harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without Board’s Edge Games's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of Georgia, without regard to the conflicts of laws provisions thereof.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Board’s Edge Games is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
You and Board’s Edge Games agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Board’s Edge Games with regards to the Services, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Board’s Edge Games, and you do not have any authority of any kind to bind Board’s Edge Games in any respect whatsoever.