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Privacy Policy and Terms and Conditions

TERMS OF USE

These Terms of Use were last modified on 3/19/2015.

Welcome to BoardGameExchange. The BoardGameExchange.com/ BoardGameXchange.com website (the "Website") and the BoardGameExchange Subscription Rental Service (the "Service") are owned and operated by Board Game Exchange LLC, and Indiana Limited Liability Company (hereinafter referred to as "BoardGameExchange", “BGX”, "we", or "us"). The terms "you", "your", "member", "customer", and "subscriber" are all interchangeable as used in these Terms of Service (and are also interchangeable in their singular and plural formats) and apply to all persons who have purchased a membership/subscription from BGX and all persons who use the Website and/or Service.

BoardGameExchange provides its services to you subject to the following Terms of Use, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Use on the www.BoardGameExchange.com homepage. By using, visiting, or browsing the Website or by purchasing or using the BGX Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms of Use, you should not use the BGX Service or Website. THESE TERMS OF USE ARE AN ONGOING CONTRACT BETWEEN YOU AND BGX AND APPLY TO YOUR USE OF THE BGX SERVICE AND WEBSITE. THESE TERMS OF USE AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.

Changes to Terms of Use
These Terms of Use Govern your use of the Service and Website. BGX reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the BGX website. The most current version of the Terms of Use will supersede all previous versions. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Your use of the Website or continued use of our Service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy
Any personally identifying information submitted through the BGX Service or on the BGX Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy herein to understand our practices. 

How Our Service Works
BGX is an online subscription rental service providing its members with access to a comprehensive library of board games ("Board Games"). We offer a number of membership plans at varying price levels, including special promotional plans or memberships which provide subscribers access to rent a fixed number of Board Games during a two-month period. Under our rental plans, members select Board Games via the BGX Website, receive them by U.S. mail and return them using prepaid mailers, with no due dates, late fees or shipping charges. After a Board Game is returned, we mail the next available Board Game(s) to the subscriber. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Service. Any description of how our Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to our Service and often these adjustments are not completely captured within these Terms of Use.

Below is a general description concerning the operation of our Board Game Rental Service:

The Number of Board Games You Get

Basic Subscription – Under the Basic plan, you get a shipment of TWO (2) Board Games from your rental queue to hold and play for a two-month (60-day) period of time. You will be billed $16.99 per month until you cancel the subscription. At the end of two months, you may return the two games using the prepaid mailer, and then receive two more games for another two-month period of time, thus repeating the cycle. With this package, you may receive one additional complementary game per shipment, provided by one of our publisher partners, if there is extra space in the box.

Premium Subscription – Under the Premium plan, you get a shipment of FOUR (4) Board Games from your rental queue to hold and play for a two-month (60-day) period of time. You will be billed $26.99 per month until you cancel the subscription. At the end of two months, you may return the four games using the prepaid mailer, and then receive four more games for another two-month period of time, thus repeating the cycle. With this package, you may receive one or two additional complementary games per shipment, provided by one of our publisher partners, if there is extra space in the box.

Professional Subscription – Under the Professional plan, you get a shipment of EIGHT (8) Board Games from your rental queue to hold and play for a two-month (60-day) period of time. You will be billed $42.99 per month until you cancel the subscription. At the end of two months, you may return the eight games using the prepaid mailer, and then receive eight more games for another two-month period of time, thus repeating the cycle. With this package, you may receive one or two additional complementary games per shipment, provided by one of our publisher partners, if there is extra space in the box.

Institutional Subscription – Under the Institutional plan, you get a shipment of TWELVE (12) Board Games from your rental queue to hold and play for a two-month (60-day) period of time. You will be billed $64.99 per month until you cancel the subscription. At the end of two months, you may return the twelve games using the prepaid mailer, and then receive twelve more games for another two-month period of time, thus repeating the cycle. With this package, you may receive one or two additional complementary game per shipment, provided by one of our publisher partners, if there is extra space in the box.

The first month starts on the date you receive your first shipment of games. From that point onward, a month is defined as a 30-day period. After you receive your games, your next month's shipment will be shipped when either (1) the return shipment of games is received at our distribution center and inventoried, or (2) after you notify our Shipping Department via email (shipping@boardgameexchange.com) that your return shipment of games has been picked up by USPS. If no notification is received by the Shipping Department, then the next shipment will not be sent until the return shipment is received by the distribution center. 

Delivery Speed
We utilize a centralized distribution center to send and receive Board Games you have selected to rent through the U.S. Postal Service. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented Board Games" below). You will receive an automated email from Stamps.com when a shipment is prepared to be sent to you. The speed of delivery may vary from subscriber to subscriber, based on a number of factors which are addressed in the section “Allocation, Delivery and Return of Rented Board Games.”

The Shipping warehouse's mailing address is:

Board Game Exchange LLC
P.O. Box 54052
Cincinnati, OH 45254
 

No Due Dates or Late Fees; Lost Pieces
Provided you continue to be a paying subscriber of our Service, you may keep the Board Game delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the Service). Given that we have no required return dates, we do not charge any late fees. You are required to return the Board Game within 7 days following any cancellation of the Service or be subject to the prevailing retail charge on Amazon.com for any unreturned Board Games. Also, you may be charged for Board Games that you lose, damage, or destroy. Currently, as an additional member benefit, we may replace occasional lost Board Game pieces free of charge. However, in the rare event that the number of lost pieces to a game becomes excessive, compromises the integrity of the game, or hinders one’s ability to play the game, as we may determine in our sole and absolute discretion, we may place your account on hold and may charge your Payment Method for the estimated cost of the lost or damaged Board Game, or an amount for the replacement of lost or damaged Board Game pieces. You hereby authorize us to charge your Payment Method for any lost or damaged Board Games or Board Game pieces. We will alert you of any potential charges for lost or damaged Board Games or Board Game pieces prior to charging your Payment Method.  In more than two years, BGX has not charged any Member for lost pieces.  We hope that you will do your best to maintain the integrity and condition of the games you receive, and treat them as your own. 

Your Rental Queue
Board Games that you desire to rent should be placed into your Rental Queue ("Rental Queue"). You should have a minimum of 5 Board Games on your Rental Queue at any given time if you are a Basic Subscriber; 8 games in your Rental Queue if you are a Premium Subscriber; 12 games if you are a Professional Subscriber; and 20 games if you are an Institutional Subscriber. You may add, delete or adjust games on your Rental Queue at any time. Our Shipping Department will determine which Board Games to send you based on availability of the Board Games in our warehouse which are on your Rental Queue. We will always try to ship you your top-listed games, and in the order in which they appear on your Queue. While we endeavor to ship to you the games listed highest on your Rental Queue, when availability is limited, we may ship you Board Games lower on your Rental Queue. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented Board Games" below). If you have less than the aforementioned recommended number of games in your Rental Queue, those Board Games listed on your Rental Queue will only be shipped as they become available, and will not impact your chances to get a game any sooner.

Allocation, Delivery and Return of Rented Board Games
We want to give you the games you want.  Happy customers keep us in business.  However, legally we must say the following:  We reserve the right to process orders and otherwise allocate and ship Board Games among our members in any manner that we determine, in our sole and absolute discretion. In addition, we will, in our sole and absolute discretion, determine the quantity of Board Games we purchase for any particular Board Game. As a result of the operational practices described in this section, we may not always send you the top choices from your Rental Queue, ship out your next Board Game on the same day that we receive one from you, or process orders the same day they are received. At present, our goal is to ship you one of the top Board Games listed highest in your Rental Queue. In certain instances, your next available Board Game will not ship until at least one to two business days following our receipt of your returned Board Game. This can occur, for example, when your top choices are not in our inventory or the number of shipments to be processed by our distribution center on that day has been exceeded. When one or both of these conditions exist, your Board Game will likely ship on the next business day. In determining priority for shipping and inventory allocation, we may utilize many different factors, including the number and type of Board Games you rent through our Service, the membership plan you select, as well as other uses of our Service by you. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your gaming habits and our operational practices, you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, (i) delivery taking longer because of your geographical location and (ii) the Board Games you receive coming from lower on your Rental Queue more often than our other members. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your Board Game was shipped and your delivery address, (ii) the timing of your placement or adjustment of games on your Rental Queue, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems. We receive mail from the USPS and process returns Monday through Saturday, except Holidays. Generally all of the returns are processed within two business days in which they are received. An automated email from Stamps.com will be sent to you when your shipment of games has been prepared. We make no guaranty as to the shipping speed and delivery of Board Games and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.

Your Account
If you use the Website or the Service, you represent and warrant that all information you supply to BoardGameExchange is complete and accurate. You must have internet access and valid U.S. credit or debit card or PayPal to use the Service. We do not accept pre-paid credit cards. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with BoardGameExchange at anytime by clicking on the "Your Account" link, located at the top of the pages of the Website.

Limitations of Use
You must be 18 years of age or older and reside in one of the 50 United States or the District of Columbia, or Canada (Canadian Subscribers may only subscribe to the Canadian Subscription, and none of the aforementioned subscriptions) to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The Board Games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver Board Games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us.

Discount Introductory Offers
From time to time, we offer discount introductory offers of the Service to allow new customers to become familiar with the many benefits of the subscription plans we offer. These introductory offers are available to new (first-time) customers only, limited to one per household, and cannot be combined with any other offer. These introductory offers are only valid in the 50 United States and the District of Columbia. A valid credit card or PayPal account is required. We will begin billing your credit card for a monthly subscription fee (plus any applicable taxes) on the first day following the end of your trial or introductory offer period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY OFFER PERIOD TO AVOID HAVING YOUR CREDIT CARD CHARGED. BGX discount introductory offers are non-transferable.

Credit Card Billing, Subscription Fees, and Automatic Renewal
Your BoardGameExchange membership will continue in effect unless and until you cancel your membership or we terminate it. By joining and subscribing to the Service, you agree that BGX is permitted to charge your credit card or PayPal account on a monthly basis for your Subscription Fee (plus any applicable taxes) and any other charges you may incur in connection with your use of the Service. At the initial point of joining, regardless of the membership plan, your credit card or PayPal will be charged the value of the subscription you select. Your BGX Membership will automatically renew on a month-to-month basis at the same price if it is not cancelled at the end of your subscription. If you wish to cancel your BGX subscription, email Service@BoardGameExchange.com with the word “Cancel” in the subject line and include your contact information in the body of the email so we can identify your account. You can upgrade your subscription to a longer duration at any time, but will not receive a pro-rated rate for any months that have passed. BGX is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. We also reserve the right to change our fees, but we will notify you in advance if we do so.

Cancellation of Your BGX Subscription -- Cancel Any Time.
You can cancel your BGX Subscription at any time by emailing Service@BoardGameExchange.com with the word “Cancel” in the subject line and include your contact information in the body of the email so we can identify your account. There is no fee for canceling the service, and you may cancel at any time. By canceling, you are obligated to return any BGX Board Game in your possession to BGX within 7 days. You may be charged for any unreturned Board Game pursuant to the terms of the “Lost, Unreturned and Damaged Games” section of these Terms of Use.

Shipping Policies
We try to ship your games out as soon as humanly possible.  Our goal is to ship you the game ranked highest on your Rental Queue and to ship it within 1-2 business days of the receipt of the last game you shipped to us. We use reasonable efforts to ship purchases from the distribution center within 1-2 business days after receiving your order. We currently ship six days per week (Monday through Saturday) so long as USPS continues Saturday service. We mostly use Priority Mail Flat Rate Boxes, but will use various USPS classes of mail (including Priority, Parcel Select, and Parcel Post) for Professional and Institutional Subscriptions. We do not ship during USPS holidays. We reserve the right to ship rental Board Games among the members of our Service in any manner we determine. Depending on a variety of factors (including the amount and location of our inventory), we may not always send the top choices from your Rental Queue or ship your next game the same day we receive one from you. 

Our Right to Terminate
We reserve the right to terminate or restrict your subscription, or the use of our Service, without notice, for any or no reason.

Lost, Unreturned and Damaged Games
You agree to allow BGX to charge your credit card or PayPal account for any lost, unreturned Board Games or for the current retail price on Amazon.com or replacement price (whichever is higher) of a Board Game in the following situations: (i) If we do not receive a game within 7 days of canceling your paid membership (unreturned Board Games), unless the following conditions are met: you can document that the game has been received by BGX by using shipping with a tracking method; we determine that you have sent us the exact Board Games rented to your account; AND the Board Game is in good working order; or (ii) If you have lost a game and reported it to us as lost; or (iii) if you have damaged a game (whether or not you reported it to us as damaged). We recommend that you use shipping with a tracking method to return your games after canceling your account. If we charge your credit card for an unreturned Board Game and you wish to receive a credit, the Board Game must be returned in playable condition and received by BGX within 30 days of the date of the charge. After 30 days, it will be considered a sale, and all sales are final. If we are unable to charge your credit card for an unreturned Board Game, your account may be sent to a collections agency. If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred. It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law. If the number of lost and/or damaged games on your account become excessive, we may place your account on hold or terminate your membership.

Pricing Policies
From time to time, a membership plan on the Website may be mispriced. If we discover a mispricing, we will do one of the following: If a membership plan’s correct price is lower than our stated price, we will charge the lower amount; If a membership plan’s correct price is higher than our stated price, we will (at our discretion) either contact you for instructions or cancel your order and notify you of such cancellation.

Gift Certificates
Gift certificates must be bought and redeemed through the Website toward the purchase of a BGX Subscription Plan. Gift certificate recipients will need a valid credit card to activate their gift subscription. The recipient's credit card will only be authorized, and may be charged $0.01. Unless the recipient cancels prior to the end of the gift subscription period, BGX will begin to bill the recipient's credit card for monthly subscription fees (plus applicable taxes) at the completion of the gift subscription period. Gift certificates cannot be used to purchase additional gift certificates, are not redeemable for cash and cannot be returned for a cash refund. BGX is not responsible for lost or stolen gift certificates. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed. Gift certificates are non-transferable beyond the original gift recipient and may not be resold. BGX does not condone the re-selling of gift certificates privately or on auction/marketplace websites, and we are under no obligation to honor re-sold gift certificate memberships. BGX also does not offer customer support around issues that may arise from transactions re-selling BoardGameExchange gift certificates.

Pre-Paid Subscriptions
Pre-paid subscriptions are occasionally available through the Website and may be offered at a discount from subscriptions that are billed monthly. Redemption requires a valid credit card and shipping address. Unless you cancel prior to the end of the pre-paid period, BGX will begin to bill your credit card for monthly subscription fees plus applicable sales tax at the completion of the pre-paid period. Pre-paid subscriptions cannot be used to purchase gift certificates and cannot be returned for a cash refund. BoardGameExchange is also not responsible for lost or stolen pre-paid subscriptions. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained pre-paid subscription is redeemed. Pre-paid subscriptions are non-transferable and may not be resold. BGX does not condone the re-selling of pre-paid subscriptions privately or on auction/marketplace websites, and we are under no obligation to honor re-sold pre-paid subscriptions. BGX also does not offer customer support around issues that may arise from transactions re-selling BGX pre-paid subscriptions.

Safe Shopping
Federal law limits your liability for unauthorized charges to your account. The Fair Credit Billing Act (FCBA) states that your credit card company (creditor) cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your account. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures.

Intellectual Property
All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of BoardGameExchange, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from BGX and any other copyright holder. You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. BoardGameExchange is a registered trademark of Board Game Exchange LLC. BoardGameExchange's trademarks may not be used in connection with any product or service that is not BoardGameExchange's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BoardGameExchange. All other trademarks not owned by BoardGameExchange that appear on the Website or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoardGameExchange. Any images of persons or personalities contained on the Website or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content
BoardGameExchange offers synopses, reviews, and instruction manuals pertaining to the games in our library. Under no circumstances shall BGX or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. Some hyperlinks on the Website may lead to other websites that are not owned or controlled by BGX. BGX has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. BGX makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.

Electronic Communications
By using the Service, you agree to receive electronic communications from BGX. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.

Your Conduct on the BoardGameExchange.com / BoardGameXchange.com Website
By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website; (ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

User Reviews and Other Content
Visitors may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. BGX reserves the right (but not the obligation) to remove or edit such content. BGX is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose. If you do post content or submit material, and unless we indicate otherwise, you grant BoardGameExchange and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BoardGameExchange and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (ii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iii) that you will indemnify BoardGameExchange or its affiliates for all claims resulting from content you supply. BoardGameExchange has the right but not the obligation to monitor and edit or remove any activity or content. BoardGameExchange takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints
If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with BoardGameExchange's designated copyright agent:

By Mail to:
General Counsel
Board Game Exchange LLC
P.O. Box 54052
Cincinnati, OH 45254

For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Identification 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 use of the material in the manner complained of 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 behalf of the copyright owner. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disputes
By using the Website and/or Service, you and BGX expressly and irrevocably agree that the U.S. District Court for the Southern District of Ohio and/or the Hamilton County, Ohio Court of Common Pleas shall have exclusive jurisdiction over any dispute between you and BoardGameExchange. You and BoardGameExchange expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Safety and Choking Hazard Warnings
BoardGameExchange Board Games are not to be used by children under ten (10) years of age. If you choose to allow any person under the age of ten to play a Board Game rented through BGX, you do so at your own risk. By purchasing a membership to the Service and/or subscribing to the Service, you understand that the Board Games may contain pieces, balls, plastic bags and/or marbles and may pose a choking hazard to a child if left unattended. You further understand that BGX does not manufacture any of the Board Games, and that an instruction manual for each Board Game is either included with each shipped game or is available online through the manufacturer’s website. The instruction manual will contain age recommendations and warnings regarding safety which you must heed for your personal safety, and the safety of those who may come in contact with the Board Game while it is in your possession. BY PURCHASING A MEMBERSHIP TO THE SERVICE AND/OR SUBSCRIBING TO THE SERVICE, YOU HEREBY WAIVE AND AGREE TO HOLD HARMLESS BOARDGAMEEXCHANGE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY BOARD GAME RENTED FROM BGX.


Limitations of Liability
THE CONTENTS OF THE BOARDGAMEEXCHANGE.COM WEBSITE AND BOARDGAMEXCHANGE.COM WEBSITE, AND THE BOARD GAMES WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BOARDGAMEEXCHANGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL BOARDGAMEEXCHANGE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF ONE OF THE BOARD GAMES SUPPLIED BY BGX, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY BOARD GAMES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL BOARDGAMEEXCHANGE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY BOARD GAMES. WHILE BOARDGAMEEXCHANGE WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, BOARDGAMEEXCHANGE WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

To Contact BoardGameExchange 
If you have a question or concern about these Terms of Use, please contact BoardGameExchange Support.

By Mail to:

Board Game Exchange LLC
P.O. Box 54052
Cincinnati, OH 45254

By E-mail: Service@BoardGameExchange.com

These Terms of Use were last modified on 3/19/2015.

 

PRIVACY POLICY

This Privacy Policy governs the manner in which Board Game Exchange LLC collects, uses, maintains and discloses information collected from users (each, a "User") of the www.boardgameexchange.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Board Game Exchange LLC.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Board Game Exchange LLC may collect and use Users personal information for the following purposes:

- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Compliance with children's online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

Board Game Exchange LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Board Game Exchange LLC
www.boardgameexchange.com
BoardGameExchange
PO Box 54052
Cincinnati, OH 45254

service@boardgameexchange.com

This document was last updated on March 19, 2015