TERMS OF SALE

These Terms of Sale were last updated on October 1, 2025.

These Terms of Sale (these “Terms”) apply to all sales and offers to sell by Harris Hill Products Inc. (“Harris Hill”, “we”, “us” or “our”), of Harris Hill’s proprietary gaming console with a large screen that interacts with physical game pieces and allows for multi-player experiences (“Board”) and any other physical items sold by Harris Hill, including game pieces and accessories (collectively, including Board, the “Physical Products”), through the web page located at board.fun (the “Site”).  References to “you” or “your” mean the individual placing an order to purchase any Physical Product.  By accepting these Terms or using any Physical Product, you acknowledge that you have read, understood and agree to be bound by these Terms.  If you do not accept the terms and conditions of these Terms, do not place an order for a Physical Product.  The Site and our business may change from time to time.  As a result, at times it may be necessary for us to make changes to these Terms.  Please review these Terms periodically, and especially before you order any Physical Products on the Site. These Terms were last updated on the date indicated above.  We reserve the right to update or modify these Terms at any time and from time to time without prior notice, and such changes shall apply to your transaction if you place such order after the date of last modification indicated above.

PLEASE NOTE THAT THESE TERMS INCORPORATE THE TOU (AS DEFINED BELOW), WHICH CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HARRIS HILL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

These Terms are meant to be read in conjunction with the Terms of Use located at board.fun/terms-of-use  (the “TOU”), which is hereby incorporated by reference.  With respect to Physical Products, in the event of a conflict between a term or condition in the TOU and these Terms, the term or condition set forth in these Terms will govern.

1. PURCHASES ARE FINAL.  ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED HEREIN.

2. Offer, Acknowledgment and Acceptance; Return Policy; Cancellation Policy.

   1. Prices, Quotations, Descriptions.  Any prices, quotations and descriptions made or referred to on the Site are subject to availability, do not constitute an offer to sell, and may be withdrawn or revised at any time prior to Acceptance (as defined below).

   2. Rejection of Orders.  While we make every effort to ensure that Physical Products appearing on the Site are available, we cannot guarantee that all Physical Products are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your order.  We may reject your order (without liability) if we are unable to process or fulfill it for any reason.  If this is the case, we will refund any prior payment that you have made for that Physical Product.

   3. Acceptance of Orders.  An order submitted by you through the Site constitutes an offer by you to us to purchase any Physical Product on these Terms and is subject to our subsequent acceptance.  Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated.  Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.  Our acceptance of your order takes effect upon our charging your credit card or accepting any other payment for the applicable Physical Product (“Acceptance”).

   4. Return Policy.  If you are unsatisfied with your purchase of any Physical Product, you are entitled to a refund of the purchase price and applicable taxes paid, only if you meet the conditions set forth below. Shipping and handling charges and gift wrap fees are not refundable. You may be charged a return shipping fee in connection with any returns, which will vary depending on your location. To qualify for a refund, you must meet all the following conditions:

      1. Request a return within thirty (30) days of your shipment date by contacting us at hello@board.fun; and

      2. Within 14 days of our acceptance of your return request, return the Physical Product, including, for the avoidance of doubt, all parts included in the purchase in its original packaging and in good physical condition.

      3. If your return fails to meet any of the above conditions, we may, in our sole discretion, refuse to accept it and may not process your refund.  Purchases of Physical Products not ordered directly from Harris Hill are not eligible for return.  If you have any issues with the Board after thirty (30) days, please refer to our limited warranty below.

   5. Cancellation Policy.  We may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion and, in such event, we will issue you a refund.  You may not modify or cancel your order without our prior written consent; except that you are permitted to cancel any “pre-order” of a Physical Product (as specifically identified on the Site) at any time prior to the earlier of (a) the date on which such Physical Product is scheduled to be shipped and (b) the actual shipping date of such Physical Product.  You may cancel your pre-order as set forth above and request a refund by contacting us at hello@board.fun.  Upon such cancellation, we will refund the amount paid by you for the cancelled Physical Product (including any shipment, taxes or other ancillary costs or fees).

3. Price and Terms of Payment.

   1. Prices.  Prices payable for Physical Products are those in effect at the time of Acceptance, unless otherwise expressly agreed.  Prices may be indicated on this Site or in an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price that is communicated to you on our Acceptance.

   2. Revisions.  We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, carriage, labor or the increase or imposition of any tax, duty, tariff or other government levy (including, without limitation, import or export duties) and any variation in exchange rates.  We also reserve the right to notify you of any mistakes in the Physical Product descriptions or errors in pricing prior to the Physical Product shipping.  In such event, if you choose to continue with fulfillment of your order, you acknowledge that the Physical Product will be provided in accordance with such revised description or corrected price.

   3. Territory.  We can currently deliver Physical Products to the United States (excluding all U.S. territories) (the “Territory”).

   4. Shipping and Taxes.  Unless otherwise specified, prices quoted are (a) exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory and (b) exclusive of any taxes or duties which (where applicable) must be added to the price payable.  You agree to pay for all taxes, shipping or carriage of Physical Products as such costs are specified by us on the Site when you submit your order.

   5. Payment Information.  The TOU sets forth the terms of use applicable to the Site and all of our products and services, including the Physical Products, and include terms and conditions related to the processing of payments related to the purchase of such products and services.  

4. Delivery and Risk.

   1. Time Frames.  Any delivery time frames or dates specified on the Site, in any order acknowledgement, e-mail communications from us to you or elsewhere, are not a promise to fulfill the pre-order by such dates, but are merely estimates of when we hope to fulfill the order. The actual delivery of your order can be impacted by many events beyond our control, and you agree that we are not liable for late deliveries. 

   2. Delivery Address.  Delivery will be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address”).  You must check the Delivery Address on any acknowledgement we provide and notify us immediately of any errors or omissions.  We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

   3. Short Deliveries.  Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject any Physical Product, in whole or in part, by reason of Harris Hill fulfilling or shipping part, but not all, of a delivery (a “Short Delivery”) and will pay in full notwithstanding any Short Delivery unless you notify us in writing of any claim within five (5) days of the latter of the date of receipt of  the relevant invoice or  delivery of any Physical Product, whereupon you shall pay for the quantity actually delivered.

   4. Risk of Loss.  Except as otherwise provided in these Terms, risk of loss of or damage to Physical Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever will occur first.

5. Warranty.

   1. Standard Limited Warranty.  Harris Hill warrants that, subject to the exclusions and limitations set out below, any Physical Product purchased by you will be free of defects in materials and workmanship when used in accordance with the operating instructions, safety warnings, and maintenance requirements as set forth in our published guidelines until 12 months from the date of delivery of such Physical Product (the “Warranty Period”).  Our published guidelines include, but are not limited to, information included on the Site, including these Terms and in any user manuals supplied by us to you.  In the event that any Physical Product fails to meet the warranty standard to our reasonable satisfaction, we will within a commercially reasonable time, free of charge, either repair or replace the non-conforming Physical Product as described below, in our discretion.  

   2. Territory of Warranty.  This limited warranty described in Section 5.1 (“Warranty”) is only valid and enforceable in the Territory.  To the extent, any implied warranties arise under applicable state law or the laws of the Territory, such warranties (if not disclaimed) will be limited in duration to the Warranty Period.  However, some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.  This Warranty gives you specific legal rights, and you may also have other rights that vary by state.

   3. Making a Claim Under the Warranty.  If you wish to make a warranty claim, please contact us at hello@board.fun.  Please be ready to provide the serial number of your Board ready if filing a claim related to your Board.  Our colleagues will advise you of the process involved in making a claim.  Any claim under the Warranty is subject to you notifying us of the alleged defect within a reasonable time of it coming to your attention and, in any case, by no later than the expiration of the Warranty Period.

   4. Remedy. If a claim is received within the Warranty Period and your Physical Product is found to have failed under the Warranty, we will, at our sole option: repair the Physical Product; exchange the Physical Product with one that is new or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Physical Product; or provide a refund for the Physical Product.  We will arrange for pick-up and return of any such Physical Product (which must include all original packaging, hardware, accessories materials, and documentation) at our sole expense.  Upon receipt by us of the damaged Physical Product and verification of the damage, we will ship out to you a replacement or repaired Physical Product as soon as reasonably possible.

   5. Warranty of Repairs.  As far as applicable laws permit, the Warranty Period will not be extended or renewed or otherwise affected due to subsequent exchange, resale, repair or replacement of your Physical Product.  However, part(s) repaired or replaced during the Warranty Period will be warranted for the longer of  the remainder of the original Warranty Period or  ninety (90) days from the date of repair or replacement.

   6. Replacement Parts.  A replacement or repaired Physical Product, as applicable, will be returned to you as soon as commercially practicable.  All parts of the Physical Productor other equipment that we replace will become our property upon replacement.  If your Physical Product is found not to be covered by this Warranty, we reserve the right to charge a handling or diagnostic fee.  When repairing or replacing such Physical Product, we may use products or parts that are new, equivalent to new or reconditioned.

   7. What Is Not Covered.  Unless agreed in writing, the Warranty will not apply if the defect(s) are related to: (a) normal wear and tear (including, without limitation, cosmetic damage and any gradual deterioration of performance over time due to regular use), (b) malfunctions or defects caused by rough or inappropriate handling or use or damage caused by accident, misuse, neglect, fire, water, lightning or other acts of nature, (c) damage caused by improper charging or use of chargers that do not meet the product’s safety and compatibility standards, (d) non-compliance with the applicable Physical Product instructions, user manual, safety warnings, or other manufacturer-provided documentation, including failure to properly store or maintain the product, (e) willful or deliberate damage, neglect or negligence, (f) use of spare parts or other replacement items (including consumables) that are not provided or recommended by us, (g) any alteration, modification or repairs made to your Board (including any modification to any Software), which has been carried out by you or a third party not authorized by us, (h) any failure to adequately package your Board for transportation, or  (i) extreme or external causes beyond our reasonable control, including but not limited to, vandalism, theft, or other disasters outside of our control.

   8. Warranty Invalid.  The Warranty will be invalid if the Board’s serial number has been removed, erased, defaced, altered or is illegible in any way (as determined in our sole discretion), or you are in breach of the terms of the Warranty, the Terms or any other agreement with us, or any party other than Harris Hill performs, attempts to perform or causes any of the actions listed in Section 5.7(b), (c), (e), (f), (g), or (h).

   9. Sole Remedy.  TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS MAY BE OTHERWISE PROVIDED HEREIN, THE WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US AND OUR SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO THE FAILURE OF THE BOARD TO CONFORM TO THE WARRANTY SET FORTH HEREIN.  THE WARRANTY REPLACES AND SUPERSEDES ALL OTHER WARRANTIES AND LIABILITIES WITH RESPECT TO DEFECTS IN THE BOARD, WHETHER ORAL, WRITTEN, (NON-MANDATORY) STATUTORY, CONTRACTUAL, IN TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, AND WHERE PERMITTED BY APPLICABLE LAW, ANY IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY OR FITNESS FOR PURPOSE.  HOWEVER, THIS WARRANTY WILL NEITHER EXCLUDE NOR LIMIT ANY RIGHTS OR REMEDIES THAT MAY OTHERWISE BE AVAILABLE TO YOU UNDER APPLICABLE LAWS OR REGULATIONS. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6. Limitation of Liability.  IN ADDITION TO THE LIMITATIONS SET FORTH IN THE TOU, TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY WITH RESPECT TO A PHYSICAL PRODUCT (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF SUCH PHYSICAL PRODUCT; PROVIDED, HOWEVER, THAT NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PRODUCT DEFECT OR CONDUCT FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS OR REGULATIONS.  SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO USE THE PHYSICAL PRODUCTS IN ACCORDANCE WITH ALL SAFETY INSTRUCTIONS, USER MANUALS, AND WARNINGS PROVIDED AND ASSUME ALL RISKS ASSOCIATED WITH IMPROPER USE OR FAILURE TO FOLLOW SUCH INSTRUCTIONS, USER MANUALS, AND WARNINGS.

7. Physical Product Specifications; Disclaimer of Warranties.

   1. Other than as expressly set forth in Section 6 or the Warranty, all Physical Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Physical Products and their features and do not constitute a warranty or representation by us that any Physical Product will conform with the same.

   2. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6 OR THE WARRANTY, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ALL PHYSICAL PRODUCTS ARE PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE  BINDING ON OR OBLIGATE US; (B) THE PHYSICAL PRODUCTS ARE EXPRESSLY PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”; (C) IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE PHYSICAL PRODUCTS AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED; (D) WE DO NOT WARRANT THAT THE USE OR OPERATION OF THE PHYSICAL PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; AND (E) YOU BEAR ALL RISKS RELATING TO THE USE OF THE PHYSICAL PRODUCTS AND THE QUALITY AND PERFORMANCE OF THE PHYSICAL PRODUCTS AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.  

   3. SOME STATES DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN WARRANTIES, SO THE EXCLUSIONS OR LIMITATIONS STATED HEREIN MAY NOT APPLY TO YOU. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER ANY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

   4. IF YOU ARE FROM NEW JERSEY, THE SECTIONS “LIMITATION OF LIABILITY” AND “DISCLAIMER OF WARRANTIES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

   5. You acknowledge and agree that the foregoing limitations on liability and disclaimers set forth in Section 7 of these Terms are in addition to the other limitations and disclaimers set forth in the TOU. For the avoidance of doubt, your use of all Physical Products is subject to all of the limitations and disclaimers and other relevant terms set forth in the TOU that are applicable to such Physical Products.

8. Dispute Resolution By Binding Arbitration.  The Dispute Resolution by Binding Arbitration clause of the TOU is incorporated herein by reference with the same force and effect as those fully set forth herein.  By agreeing to these Terms, you agree to be bound by the dispute resolution and arbitration provisions contained in the TOU.

9. General.  Except as expressly agreed by Harris Hill and you, these Terms and the TOU constitute the entire agreement between you and Harris Hill with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  We will not have any liability under these Terms for any failure or delay in performing any of the obligations imposed by these Terms to the extent such failure or delay is the result of any circumstances beyond our reasonable control, including, without limitation, any fire, explosion, severe weather, natural disaster, epidemic, public health or safety emergency, war, riot, damage to machinery or equipment, disruption in transportation, communications, electric power or other infrastructure, or any strike, lockout or other labor dispute. These Terms are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions.  With respect to any disputes or claims not subject to arbitration as set forth above, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware.  Except as provided in the Dispute Resolution by Binding Arbitration clause of the TOU, if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  Failure of Harris Hill to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms.  No waiver shall be effective against Harris Hill unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.  You may not assign these Terms without the prior written consent of Harris Hill, but Harris Hill may assign or transfer these Terms, in whole or in part, without restriction.  You may contact us at:

Address: Harris Hill Products Inc.

5 Union Square West, #1036

NY, NY 10003

Email: hello@board.fun