Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and TonkaCo.com (“we,” “us,” or “our”) governing your access to and use of the TonkaCo.com website and all related services.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Disclaimer.

We reserve the right to modify these Terms at any time. Your continued use of the website after changes are posted constitutes acceptance of the modified Terms.

2. Use of Website

Permitted Use

You may use TonkaCo.com for lawful purposes only. You agree not to use the website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate TonkaCo.com, our employees, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website
• To use any robot, spider, or other automatic device to access the website for any purpose without our express written permission
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

Account Security

If you create an account or subscribe to services on our website, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.

3. Intellectual Property Rights

Website Content

Unless otherwise indicated, the website and all content, features, and functionality (including but not limited to text, graphics, logos, images, photographs, and software) are owned by TonkaCo.com or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

Tonka® is a registered trademark of Hasbro, Inc. This website is not affiliated with, endorsed by, or sponsored by Hasbro, Inc. or Tonka. All trademarks, service marks, and trade names referenced on this website are the property of their respective owners.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal, non-commercial purposes. You may not:

• Copy, modify, distribute, transmit, display, reproduce, or create derivative works from the website content
• Use the website content for any commercial purpose without our express written permission
• Remove any copyright, trademark, or other proprietary notices from the content
• Frame or use framing techniques to enclose any trademark, logo, or proprietary information

4. Affiliate Relationships and Advertising

Amazon Associates Program

TonkaCo.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

When you click on product links and make purchases through Amazon or other affiliate partners, we may earn a commission at no additional cost to you. This does not affect the price you pay.

Product Information

We strive to provide accurate product information, but we do not guarantee the accuracy, completeness, or reliability of any product descriptions, pricing, or availability. All product purchases are subject to the terms and conditions of the third-party retailer.

5. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by TonkaCo.com, including:

• Retailer websites (Amazon, Walmart, Target, etc.)
• Social media platforms
• Manufacturer websites
• Other informational resources

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that TonkaCo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

6. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of website content
• Warranties that the website will be uninterrupted, secure, or error-free
• Warranties regarding the results that may be obtained from the use of the website
• Warranties regarding any products or services purchased through third-party links

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TONKACO.COM, ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website
• Any loss of profits, revenue, data, or business opportunities
• Any damages resulting from products purchased through affiliate links or third-party retailers
• Any errors, omissions, or inaccuracies in website content
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from the website

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless TonkaCo.com, its owners, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use of the website
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

9. User-Generated Content

If you submit, post, or transmit any content to our website (including comments, reviews, emails, or contact form submissions), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person
• Your content is not defamatory, obscene, or unlawful

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason.

10. Product Safety and Use

Information about Tonka trucks and toys on this website is for informational purposes only. We do not manufacture, sell, or distribute Tonka products directly.

• Always follow manufacturer age recommendations and safety guidelines
• Adult supervision may be required for young children
• Parents and caregivers are solely responsible for determining product appropriateness
• We are not liable for injuries or damages resulting from product use
• Always read and follow safety warnings provided by the manufacturer

11. Privacy

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

12. Termination

We may terminate or suspend your access to all or part of the website immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms and Conditions
• Violation of applicable laws or regulations
• Fraudulent, abusive, or illegal activity
• At our sole discretion for any other reason

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York, and you hereby consent to personal jurisdiction and venue therein.

14. Dispute Resolution

Informal Resolution

If you have any dispute with us, you agree to first contact us at support@tonkaco.com and attempt to resolve the dispute informally.

Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and TonkaCo.com regarding the use of the website and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

17. Waiver

No waiver by TonkaCo.com of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after revisions become effective, you agree to be bound by the revised terms.

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Email: support@tonkaco.com

Mail:
TonkaCo
40 Garth Rd
Scarsdale, NY 10583

Contact Form: Visit our contact page