Terms & Conditions

BIGBADTOYSTORE, Inc.

Update Date: July 13, 2026

1. INTRODUCTION AND AGREEMENT TO TERMS

Welcome to the BigBadToyStore website, www.bigbadtoystore.com. BigBadToyStore, Inc. ("BigBadToyStore," "BBTS," "we," "us," or "our") operates the Site and provides products, services, and related features (collectively, "BigBadToyStore Services") to you subject to the notices, terms, and conditions set forth in these Terms and Conditions of Sale ("Terms and Conditions" or "Terms").

By using BigBadToyStore Services, you agree to these Terms. Please read them carefully. These Terms and Conditions include a mandatory binding arbitration clause and class action waiver. Please review Section 21 carefully before using BigBadToyStore Services.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1 Agreement by Use. By accessing or using the Site, creating an account, or placing any order, you represent that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Site or BigBadToyStore Services.

2.2 Age and Capacity. You represent that you are at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is greater) and have the legal capacity to enter into binding contracts. If you are using BigBadToyStore Services on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms.

2.3 Notice Regarding Arbitration. These Terms include a mandatory binding arbitration clause and class action waiver in Section 21. Please review Section 21 carefully before using BigBadToyStore Services.

3. POLICIES

3.1 Help Center Incorporation. BigBadToyStore's Help Center at www.bigbadtoystore.com/help is the authoritative source for operational policies governing your use of BigBadToyStore Services. Help Center policies are incorporated into these Terms by reference. In the event of a conflict between these Terms and any Help Center policy, these Terms control.

3.2 Right to Modify. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time, subject to the notice requirements in Section 31. 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.

3.3 Additional Programs and Services. From time to time, BigBadToyStore may offer programs, features, or services in addition to those described in these Terms. By participating in or using any such program or service, you agree to its specific terms as posted in the Help Center.

4. PRIVACY

Please review our Privacy Policy, which also governs your use of BigBadToyStore Services, describes how we collect, use, and protect your personal data, and explains your rights under applicable privacy laws and how to exercise those rights.

5. ELECTRONIC COMMUNICATIONS

5.1 Electronic Communications. When you use any BigBadToyStore Service or communicate with us electronically, you consent to receive communications from us electronically in accordance with our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.2 Text Message Communications. If you provide a mobile phone number and opt in to receive text messages from BigBadToyStore (including for order updates, promotional offers, or shipping notifications), standard message and data rates may apply. You may opt out at any time by texting STOP to any BigBadToyStore text message. See our Privacy Policy for full details on our SMS program.

5.3 Notices to You. BigBadToyStore may provide notices to you by email to the address associated with your account, by posting a notice on the Site, or by mail to the address on file, as BigBadToyStore determines appropriate given the nature of the notice. Notices sent by email are deemed received when sent. Notices posted on the Site are deemed received upon posting. Notices sent by mail are deemed received three (3) days after mailing.

6. COPYRIGHT

All content included in or made available through any BigBadToyStore Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BigBadToyStore 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 BigBadToyStore Service is the exclusive property of BigBadToyStore and protected by U.S. and international copyright laws.

7. TRADEMARKS

BigBadToyStore's trademarks, service marks, trade dress, and brand elements, whether or not registered, are the property of BigBadToyStore. BigBadToyStore's trademarks and trade dress may not be used in connection with any product or service that is not BigBadToyStore's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BigBadToyStore. All other trademarks not owned by BigBadToyStore that appear in any BigBadToyStore Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BigBadToyStore. Unauthorized use of BigBadToyStore's trademarks or brand elements is prohibited.

8. LICENSE AND ACCESS

8.1 License Grant. Subject to your compliance with these Terms and Conditions, BigBadToyStore grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of BigBadToyStore Services. This license does not include any resale or commercial use of any BigBadToyStore Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BigBadToyStore Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by BigBadToyStore or its licensors, suppliers, publishers, rightsholders, or other content providers. No BigBadToyStore Service, nor any part of any BigBadToyStore Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BigBadToyStore.

8.2 Prohibited Uses. Without limiting the foregoing, prohibited conduct includes, without limitation: (a) use any automated tool (including bots, scrapers, crawlers, scripts, or browser extensions) to access, monitor, or interact with the Site for any purpose, including price monitoring, inventory tracking, or automated purchasing; (b) circumvent, disable, or interfere with security-related features of the Site; (c) use the Site to transmit unsolicited commercial communications; (d) impersonate any person or entity; (e) engage in any activity that disrupts, damages, or impairs the Site or BigBadToyStore Services; (f) access the Site through any interface other than those provided by BigBadToyStore. Any breach of this Section may result in immediate account termination and legal liability.

9. USER-GENERATED CONTENT

9.1 Submission of Content. You may have the opportunity to submit reviews, ratings, comments, photographs, suggestions, or other content (collectively, "User Content") through BigBadToyStore Services. You are solely responsible for any User Content you submit and for the consequences of submitting it.

9.2 License Grant. By submitting User Content, you grant BigBadToyStore a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You also grant BigBadToyStore the right to use your name and any account identifiers in connection with such content.

9.3 Representations. By submitting User Content, you represent and warrant that: (a) you own or otherwise control all rights to the content; (b) the content is accurate; (c) the content does not violate these Terms or any applicable law; and (d) use of the content will not cause injury to any person or entity.

9.4 Prohibited Content. User Content may not be unlawful, infringing, defamatory, obscene, threatening, harassing, invasive of privacy, or otherwise objectionable, and may not contain software viruses, commercial solicitation, chain letters, mass mailings, or spam.

9.5 Right to Monitor and Remove. BigBadToyStore has the right but not the obligation to monitor, edit, or remove any User Content. BigBadToyStore takes no responsibility and assumes no liability for any User Content posted by you or any third party.

10. YOUR ACCOUNT

10.1 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account, please contact us immediately. BigBadToyStore will not be liable for any loss or damage arising from your failure to maintain account security.

10.2 Account Limits. Customers are encouraged to maintain a single account. Use of multiple accounts to circumvent purchase limits, policies, or enforcement actions may constitute abuse subject to the remedies in Section 17.

11. ORDERING AND PAYMENT

11.1 Order Acceptance. Your placement of an order constitutes an offer to purchase subject to these Terms. A contract of sale is formed only when the item ships. Any order acknowledgment sent before shipment is a receipt only and does not constitute acceptance. BigBadToyStore reserves the right to accept or decline any order in its sole discretion.

11.2 Order Cancellation. BigBadToyStore reserves the right to cancel any order at any time prior to shipment for any reason, including but not limited to pricing errors, payment issues, shipping restrictions, carrier limitations, item dimensions, or other fulfillment constraints. If an order is cancelled and payment has been collected, BigBadToyStore will issue a refund in accordance with its refund policy.

11.3 Quantity Limits. BigBadToyStore reserves the right to impose quantity limits and to cancel orders that exceed such limits, without prior notice.

11.4 Payment Methods. BigBadToyStore accepts payment methods displayed at checkout. All prices are displayed in U.S. dollars unless a different currency is shown at checkout. If BigBadToyStore offers pricing or checkout in a currency other than U.S. dollars, the applicable currency will be identified at the time of checkout. Your payment provider may apply currency conversion rates, foreign transaction fees, or other charges when processing your payment; BigBadToyStore has no control over and is not responsible for any such fees.

11.5 Authorized Payment Only. Orders must be placed using valid, authorized, and functional payment methods. Misuse may constitute Order/Checkout Abuse under Section 17.2.

11.6 Taxes and Fees. BigBadToyStore collects and remits sales tax, use tax, and other transaction-based taxes, fees, and surcharges — including, where applicable, state-imposed retail delivery fees — as required by applicable law. Applicable taxes and fees will be calculated and displayed at checkout. Amounts are estimates until shipment; final taxes and fees are determined at the time of shipment.

11.7 Authorization Holds and Verification Charges. BigBadToyStore may perform payment authorization checks, which may result in temporary holds on your payment method that expire without resulting in a charge. Where BigBadToyStore has reason to suspect fraud or otherwise needs to verify ownership of a payment method, BigBadToyStore may place a small verification charge on the payment method and ask you to confirm the amount; any such verification charge will be promptly refunded to the same payment method.

11.8 Store Credit. BigBadToyStore may issue store credit in connection with refunds, promotional programs, or as a customer service resolution. Store credit is non-transferable, has no cash value, may not be redeemed for cash except where required by law, and is subject to the terms in effect at the time of issuance as published in the Help Center.

12. PRE-ORDERS

12.1 Pre-Order Terms. BigBadToyStore offers pre-order purchasing for items not yet released or received. BigBadToyStore is not liable for delays, product changes, or cancellations originating with manufacturers or suppliers.

12.2 Cancellation and Refunds. BigBadToyStore may cancel any pre-order at any time, including in cases of manufacturer cancellation, material product changes, listing or pricing errors, or pursuant to Section 17. If BigBadToyStore cancels a pre-order, all amounts paid will be refunded in full, including any deposit previously designated as non-refundable. Non-refundable deposits are forfeited only upon customer-initiated cancellation.

13. INTENTIONALLY LEFT BLANK

14. WAITLIST

14.1 Service Description. BigBadToyStore's Waitlist allows you to reserve an opportunity to purchase items that are sold out, temporarily unavailable, or subject to allocation. Joining the Waitlist does not guarantee that you will receive the item. Items purchased through the Waitlist are placed in your Pile of Loot when available to ship (see Section 15).

14.2 Authorization to Charge. By joining the Waitlist for an item, you authorize BigBadToyStore to charge your payment method on file for the item price and any applicable non-refundable deposit if and when the item becomes available to you. Because Waitlist items are placed in your Pile of Loot, shipping charges and applicable taxes and fees are not assessed at the time of charge; they are assessed when the item ships from Pile of Loot. You are responsible for maintaining a valid payment method. If a charge fails, BigBadToyStore may release the reservation without further notice.

14.3 Cancellation. You may remove yourself from the Waitlist for any item at any time before the charge is processed. Once a charge has been processed, cancellation is governed by the order cancellation provisions in Section 11.2.

15. PILE OF LOOT

15.1 Service Description. BigBadToyStore's Pile of Loot service allows customers to hold purchased merchandise and defer shipment until they are ready. Items may be held individually or consolidated with other purchases into a combined shipment. Pile of Loot is offered solely for those purposes (the "Intended Use"). Use of Pile of Loot outside the Intended Use may constitute Pile of Loot Abuse, with remedies set forth in Section 17.3.

15.2 Payment Authorization. By using Pile of Loot, you authorize BigBadToyStore to charge your preferred payment method for shipping and applicable fees when shipments are triggered. A valid payment method must remain on file for the duration of any Pile of Loot holdings.

15.3 Hold Period. Items may be held in Pile of Loot for a period of time as specified in the Help Center. Holdings that exceed the applicable hold period may be subject to automatic shipment or other action at BigBadToyStore's discretion.

16. PACKAGE GRADING

16.1 Grading Service. BigBadToyStore offers package grading, allowing customers to select a preferred condition tier for their purchases. Where grading is available, grade options and associated pricing are displayed on the product page.

16.2 Grade Guarantee. If you receive an item in a condition below the grade you purchased, and in accordance with BigBadToyStore's return policy, you may either: (a) return the item for a refund; or (b) keep the item and receive a refund for the price difference between the grade purchased and the grade received.

17. LIMITATIONS OF USE / ANTI-ABUSE PROVISIONS

General. BigBadToyStore reserves the right, in its sole discretion, to limit, suspend, modify, or terminate access to any account, order, feature, promotion, or service where BigBadToyStore determines that a customer has engaged in misuse of the website, abusive purchasing behavior, attempts to circumvent policies, or conduct inconsistent with the intended operation of BigBadToyStore's services. BigBadToyStore may take these actions with or without prior notice and such actions may include account suspension or permanent termination of service.

17.1 Pre-Order Abuse. Pre-orders must be placed with a good-faith intent to complete the purchase. Excessive, repetitive, or otherwise abnormal pre-order activity may constitute Pre-Order Abuse, as determined by BigBadToyStore in its sole discretion.

Remedies. If BigBadToyStore determines that a customer has engaged in Pre-Order Abuse, BigBadToyStore may, as a condition to accepting any current or future pre-order(s) from such customer, require: (a) a non-refundable deposit; and/or (b) payment in full at the time the pre-order is placed. BigBadToyStore may also cancel existing pre-orders, suspend or terminate the customer's account, and/or refuse future service, in addition to any other rights or remedies available to BigBadToyStore.

17.2 Order/Checkout Abuse. Orders must be placed with valid payment methods and a good-faith intent to complete the purchase. Placing orders using invalid, unauthorized, or non-functional payment methods, or engaging in abnormal order activity without genuine intent to purchase, may constitute Order/Checkout Abuse, as determined by BigBadToyStore in its sole discretion.

Remedies. If BigBadToyStore determines that a customer has engaged in Order/Checkout Abuse, BigBadToyStore may: (a) cancel or limit any such order(s); (b) require a non-refundable deposit and/or payment in full at the time of order for any current or future purchases; and/or (c) refuse service—in addition to any other rights or remedies available to BigBadToyStore.

17.3 Pile of Loot Abuse. Pile of Loot must be used with a good-faith intent to ship items within a reasonable time. Indefinite holding of items, or other misuse inconsistent with the Intended Use, may constitute Pile of Loot Abuse, as determined by BigBadToyStore in its sole discretion.

Remedies. In the event BigBadToyStore determines that a customer has engaged in Pile of Loot Abuse, BigBadToyStore reserves the right, in its sole discretion and without limitation, to: (a) adjust, modify, or place restrictions on the customer's Pile of Loot holdings; (b) cancel any related order(s); (c) require immediate shipment of all Pile of Loot holdings at the customer's expense; (d) refuse further use of the Pile of Loot service; and/or (e) suspend or terminate the customer's account.

17.4 Bot and Automated Purchasing Abuse. The use of bots, scripts, or any automated means to access the Site, monitor inventory, or complete purchases is prohibited and may result in account termination, order cancellation, and/or legal action.

17.5 Chargebacks and Payment Disputes. Filing a chargeback or payment dispute for a valid, delivered order without first contacting BigBadToyStore is considered abusive conduct. BigBadToyStore may suspend or terminate your account pending resolution and will contest fraudulent chargebacks.

17.6 No Waiver; Cumulative Remedies. BigBadToyStore's failure to enforce any provision of this Section 17 on any particular occasion shall not constitute a waiver of BigBadToyStore's rights with respect to future conduct. All remedies available under this Section are cumulative and in addition to any other remedies available at law or in equity.

17.7 Related Accounts. Account restrictions, purchase limitations, or enforcement actions taken under these Terms may be applied across accounts that BigBadToyStore reasonably determines to be related. BigBadToyStore may take action against any or all related accounts without separate prior notice to each account.

18. PRODUCT DESCRIPTIONS

18.1 Accuracy. BigBadToyStore attempts to be as accurate as possible. However, BigBadToyStore does not warrant that product descriptions or other content of any BigBadToyStore Service is accurate, complete, reliable, current, or error-free. If a product offered by BigBadToyStore itself is not as described, your sole remedy is to return it in unused condition, subject to our return policy.

18.2 Product Images. Product images are for illustrative purposes only. Actual products may vary from images due to manufacturer changes, photography lighting, or screen display differences.

19. PRODUCT PRICING

19.1 Pricing Errors. Prices displayed on the Site are invitations to purchase and do not constitute binding offers by BigBadToyStore. In the event a product is listed at an incorrect price or with incorrect information, BigBadToyStore reserves the right to refuse or cancel any affected orders prior to shipment. If payment has already been collected, BigBadToyStore will issue a refund in accordance with its refund policy.

19.2 Price Adjustments and Price Matching. Promotional pricing is valid only during the stated promotional period and is subject to change without notice. If an item you purchase from BigBadToyStore goes on sale at BigBadToyStore within seven (7) days of your purchase date, you may request a store credit refund for the price difference. BigBadToyStore does not offer price matching with other websites or retail stores.

20. SHIPPING, RISK OF LOSS, AND RETURNS

20.1 Customer Address Responsibility. You are responsible for ensuring that your shipping address is accurate and deliverable at the time you place your order. BigBadToyStore is not responsible for undeliverable shipments or delays resulting from an incorrect, incomplete, or invalid address provided by the customer.

20.2 Drop-Shipping Prohibited. BigBadToyStore may not be used as a fulfillment vendor for orders placed by your own customers. Shipping to your own residence or retail location is permitted; drop-shipping directly to third-party customers is not.

20.3 Customs and Import Fees. Customs duties, import taxes, tariffs, and related fees may apply to international orders. The applicable terms, including whether duties are collected at checkout or upon delivery, will be presented at checkout. BigBadToyStore is not responsible for delays resulting from customs processing.

20.4 Customs Inspection. International shipments may be subject to opening and inspection by customs and/or postal authorities. BigBadToyStore has no control over this process and cannot be held responsible for, or guarantee, the condition of items upon arrival where the package has been opened or handled by customs authorities.

20.5 Risk of Loss. All items purchased from BigBadToyStore 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.

20.6 Damaged Shipments. If you receive a damaged shipment, document the damage before opening (if possible) and contact us within five (5) business days of delivery.

20.7 Returns and Refunds. BigBadToyStore does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, BigBadToyStore does not take title to the refunded item. BigBadToyStore reserves the right to deny returns that do not comply with its return policy.

20.8 Refused and Undeliverable Shipments. If a shipment is refused by the recipient or returned to BigBadToyStore as undeliverable, any refund issued will be net of actual shipping costs incurred, including the cost of return shipping. BigBadToyStore reserves the right to charge your payment method for return shipping costs on refused or undeliverable shipments.

20.9 Return Transit Risk. Risk of loss for returned items passes to BigBadToyStore only upon receipt at BigBadToyStore's warehouse. You bear the risk of loss during return transit and are responsible for ensuring items are adequately packaged.

20.10 Freight Forwarders. Items delivered to a freight forwarder's address are not eligible for return and all sales are final. BigBadToyStore is not responsible for any loss, damage, or claim arising after delivery to the freight forwarder's address. If you direct a freight forwarder located in the United States to re-export goods outside the United States, you and your freight forwarder are the exporters of record and are solely responsible for compliance with all applicable U.S. export regulations and the import regulations of the destination country. BigBadToyStore must not be listed on any export declaration, invoice, packing list, or other export documentation.

20.11 Customs Disposal. International shipments that are refused, seized, confiscated, or otherwise disposed of by customs or other governmental authorities are not eligible for a refund on the cost of goods or shipping. BigBadToyStore has no control over the actions of customs authorities and is not responsible for the disposition of seized shipments.

20.12 Restocking Fee. BigBadToyStore reserves the right to charge a restocking fee for returned items. The amount and conditions of any restocking fee will be communicated to you at the time of return.

21. DISPUTES, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND BIGBADTOYSTORE AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS SET FORTH BELOW.

21.1 Informal Resolution First. If a dispute should arise between you and BigBadToyStore, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service issues can be resolved quickly and to the customer's satisfaction by contacting our customer service team at [email protected]. Before initiating any formal legal proceeding, you agree to first contact BigBadToyStore in writing with a description of the dispute and relief sought. BigBadToyStore will attempt to resolve the dispute informally within thirty (30) days. If the parties are unable to resolve the dispute within that period, either party may initiate arbitration as set forth below.

21.2 Mandatory Binding Arbitration. Except as provided in Section 21.10, any and all disputes, claims, or controversies arising out of or relating to: (a) these Terms and Conditions or any prior version thereof; (b) your use of the Site or any BigBadToyStore Service; (c) any product purchased from BigBadToyStore; (d) the breach, termination, enforcement, interpretation, or validity of these Terms; or (e) the determination of the scope or applicability of this arbitration agreement—shall be resolved exclusively by final, binding arbitration before a single neutral arbitrator, rather than in a court of law.

21.3 Governing Rules. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or, where applicable, its Streamlined Arbitration Rules and Procedures ("JAMS Rules"), available at www.jamsadr.com, as modified by these Terms.

21.4 Seat and Location. The seat of arbitration shall be St. Croix County, Wisconsin. The arbitration may be conducted in person, by telephone, by videoconference, or by document submission. For claims of $10,000 or less, arbitration shall be conducted by document submission unless the claimant requests otherwise.

21.5 Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). The FAA preempts any state law that would otherwise render this agreement unenforceable. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

21.6 Allocation of Fees and Costs. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys fees of the prevailing party, consistent with the JAMS Rules and applicable law. Notwithstanding the foregoing, in no event shall a consumer claimant be required to pay BigBadToyStore's attorneys' fees solely as a result of BigBadToyStore prevailing in arbitration, unless the arbitrator finds the consumer's claim to have been filed in bad faith or for an improper purpose.

21.7 Class Action Waiver. YOU AND BIGBADTOYSTORE EACH AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. NEITHER PARTY MAY JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON OR ENTITY. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED FROM ARBITRATION AND LITIGATED IN COURT; REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

21.8 Jury Trial Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND BIGBADTOYSTORE EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

21.9 Right to Opt Out of Arbitration. You have the right to opt out of the arbitration agreement and class action waiver set forth in this Section 21. To opt out, you must send a written opt-out notice to BigBadToyStore within thirty (30) days after the date you first accept these Terms and Conditions. Your notice must include: (a) your full name; (b) your email address; (c) your mailing address; and (d) a clear statement that you wish to opt out of the arbitration agreement and class action waiver under these Terms. Notice may be sent by email to [email protected] with the subject line "Arbitration Opt-Out," or by mail to: BigBadToyStore, Inc., Attn: Legal Department, 321 SMC Dr., Somerset, WI 54025. If you timely opt out, the arbitration agreement and class action waiver will not apply to you, but the remainder of these Terms will continue to apply in full. Opting out will not adversely affect your relationship or transactions with BigBadToyStore.

21.10 Exceptions to Arbitration. The following claims are excluded from mandatory arbitration: (a) claims for injunctive or other equitable relief to protect BigBadToyStore's intellectual property or address violations of Sections 8 or 17; (b) small claims court actions maintained on an individual basis; and (c) claims that applicable law specifically prohibits from mandatory pre-dispute arbitration.

21.11 Severability. If any portion of this Section 21 (other than the class action waiver) is found unenforceable, that portion shall be severed and the remaining provisions shall remain in effect. If the class action waiver in Section 21.7 is found unenforceable, the entirety of this Section 21 shall be null and void, and disputes shall be resolved in court subject to Section 22.

21.12 Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or BigBadToyStore Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This limitation does not apply where prohibited by applicable law.

22. GOVERNING LAW AND JURISDICTION

By using any BigBadToyStore Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BigBadToyStore. For claims not subject to arbitration or for enforcing an arbitration award, the parties consent to exclusive jurisdiction and venue in the state and federal courts of St. Croix County, Wisconsin.

23. INTERNATIONAL ACCESS

23.1 Site Access. This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available in your country. If you choose to access this Site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws. Import duties, taxes, and customs clearance fees are the responsibility of the recipient. The recipient is the importer of record and must comply with all laws and regulations of the destination country.

23.2 Product Compliance. Product manuals, instructions, and safety warnings may not be written in the destination country's official language. Products and accompanying materials may not be designed in accordance with destination country standards, specifications, or labeling requirements, and products may not conform to destination country voltage or other technical standards. BigBadToyStore makes no representation that products are appropriate or legally permitted for sale or use in any particular country.

23.3 Product Restrictions. Some products may not be available for shipment to all countries due to manufacturer licensing agreements, size restrictions, or import prohibitions. By placing an international order, you represent that the items ordered may be lawfully imported into the destination country. If any items in your order are ineligible for shipment to your destination, BigBadToyStore may cancel and refund those items without further obligation.

23.4 Export Controls. The export of products purchased from BigBadToyStore may be subject to U.S. export laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) and the Export Administration Regulations (EAR). By purchasing products from BigBadToyStore, you represent that you are not located in, or a national or resident of, any country or territory subject to a U.S. trade embargo, and that you are not identified on any U.S. government list of prohibited or restricted parties.

24. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

24.1 Disclaimer of Warranties. BIGBADTOYSTORE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES ARE PROVIDED BY BIGBADTOYSTORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIGBADTOYSTORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BIGBADTOYSTORE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF BIGBADTOYSTORE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIGBADTOYSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGBADTOYSTORE DOES NOT WARRANT THAT BIGBADTOYSTORE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES, BIGBADTOYSTORE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIGBADTOYSTORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGBADTOYSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BIGBADTOYSTORE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BIGBADTOYSTORE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

24.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGBADTOYSTORE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR BIGBADTOYSTORE SERVICES—WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE—SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO BIGBADTOYSTORE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THESE LIMITATIONS; IN SUCH STATES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF DAMAGES SET FORTH IN THIS SECTION 24 ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BIGBADTOYSTORE, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. For New Jersey residents, nothing in this Section 24 limits BigBadToyStore's liability for damages or injuries caused by BigBadToyStore's negligent, reckless, or fraudulent acts, or by BigBadToyStore's intentional misconduct.

24.3 Personal Injury Exception. The limitations of liability set forth in this Section 24 do not apply to claims for personal injury or to liabilities that cannot be limited under applicable law.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BigBadToyStore, its parent, subsidiaries, affiliated entities, officers, directors, employees, agents, licensees, and partners from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your breach or alleged breach of any of your representations, warranties, or obligations under these Terms; (b) your use or misuse of the Site or BigBadToyStore Services; (c) any content you submit or transmit through BigBadToyStore Services; or (d) your violation of any applicable law or the rights of any third party. BigBadToyStore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with BigBadToyStore's defense.

26. THIRD-PARTY SERVICES AND LINKS

BigBadToyStore Services may contain links to or integrations with third-party websites, services, or content not owned or controlled by BigBadToyStore. BigBadToyStore provides these links and integrations as a convenience and does not endorse, monitor, or assume responsibility for any third-party content, products, services, terms, or privacy practices. Access to and use of any third-party site or service is at your own risk and subject to that third party's terms and policies. BigBadToyStore is not liable for any loss or damage arising from your use of third-party services.

27. ARTIFICIAL INTELLIGENCE FEATURES

BigBadToyStore Services may include features that use artificial intelligence or machine learning (collectively, "AI Features"), including but not limited to search, product recommendations, and customer service tools. AI-generated content may not always be accurate, complete, or current, and should not be relied upon as personalized advice. BigBadToyStore does not guarantee the accuracy or completeness of AI-generated content, and your use of AI Features is at your own risk.

28. ACCESSIBILITY

BigBadToyStore is committed to making its Services accessible to all users. Information regarding accessibility features and accommodations is available at www.bigbadtoystore.com/Help/Accessibility.

29. TERMINATION AND EFFECT OF TERMINATION

29.1 BigBadToyStore-Initiated Termination. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, you shall immediately cease all access to and use of the BigBadToyStore Services and we may, in addition to any other legal or equitable remedies available to us, immediately deactivate or delete your BigBadToyStore account and all related information and files in your BigBadToyStore account and/or bar any further access to such files or the BigBadToyStore Services. BigBadToyStore shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by BigBadToyStore in connection therewith.

29.2 Customer-Initiated Closure. You may close your BigBadToyStore account at any time by contacting us. Account closure does not affect any pending orders, outstanding obligations, or amounts owed to BigBadToyStore. Certain information may be retained as required by law or legitimate business purposes, as described in the Privacy Policy.

29.3 Cause for Termination. Grounds for termination include, without limitation: violation of these Terms; conduct described in Sections 8 or 17; providing false account information; failure to maintain valid payment information; abusive, threatening, or harassing conduct directed at BigBadToyStore staff or other customers; or any conduct BigBadToyStore determines to be harmful to other customers or to BigBadToyStore's services.

29.4 Survival. Termination does not relieve you of any obligation to pay amounts owed to BigBadToyStore. Sections 2, 6, 7, 8, 9, 11.8, 17, 20.12, 21, 22, 24, 25, 26, 31, and 32 shall survive termination of these Terms.

30. COPYRIGHT INFRINGEMENT / DMCA NOTICE

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate the accounts of repeat infringers in appropriate circumstances. Please provide us with this information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

BigBadToyStore, Inc. | Attn: DMCA Agent | 321 SMC Dr, Somerset, WI 54025 | [email protected]

Please note that this procedure is exclusively for notifying BigBadToyStore that your copyrighted material has been infringed.

31. MODIFICATIONS TO THESE TERMS AND CONDITIONS

31.1 Right to Modify. BigBadToyStore reserves the right to modify these Terms and Conditions at any time by notifying you of such changes by any reasonable means, including by posting a revised version at www.bigbadtoystore.com/Help/TermsConditions. You agree that it is your responsibility to regularly check www.bigbadtoystore.com/Help/TermsConditions for any updated Terms and Conditions. By continuing to use or access the BigBadToyStore Services after any changes are posted, you accept the updated Terms and Conditions. The "Last Updated" date at the top of these Terms indicates when they were last revised.

32. GENERAL PROVISIONS

32.1 Entire Agreement. These Terms, together with BigBadToyStore's Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and BigBadToyStore with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings.

32.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

32.3 Waiver. BigBadToyStore's failure to enforce any right or provision shall not constitute a waiver. A waiver is effective only if in writing and signed by an authorized representative of BigBadToyStore.

32.4 Assignment. BigBadToyStore may assign these Terms without your consent in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign these Terms without BigBadToyStore's prior written consent. Any attempted assignment in violation of this Section is void.

32.5 Force Majeure. BigBadToyStore shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental action, or failures of third-party carriers.

32.6 Contact Information. BigBadToyStore, Inc. | 321 SMC Dr., Somerset, WI 54025 | [email protected] | 1-888-980-2287 | www.bigbadtoystore.com

32.7 Notice to California Residents. Under California Civil Code § 1789.3, California resident users of BigBadToyStore Services are entitled to the following notice: If you have a question or complaint regarding BigBadToyStore Services, please contact us at [email protected] or 1-888-980-2287. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.