Terms and Conditions Your RC Cars 4 You Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Your RC Cars 4 You. The
collective work includes works that are licensed to Your RC Cars 4 You.
Copyright 2009, Your RC Cars 4 You ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Your RC Cars 4 You or purchasing Your RC Cars
4 You products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Your RC Cars 4 You or to
purchase Your RC Cars 4 You products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Your RC Cars 4 You. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Your RC Cars 4 You used in the
site are trademarks or registered trademarks of Your RC Cars 4 You
Warranty Disclaimer
With respect to the merchant, Your RC Cars 4 You, this site and the materials
and products on this site are provided "as is" and without warranties
of any kind enforceable against Your RC Cars 4 You; however, the manufacturers
we buy from do, in most cases, provide a product warranty to protect the end
user of a product from manufacturing defects. Please review product information
pages to obtain warranty information for particular products, or you may call
our customer service center toll-free at 877-860-7888.
To the fullest extent permissible pursuant to applicable law, Your RC Cars 4
You disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. Your RC Cars 4 You does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Your RC Cars 4 You
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Your RC Cars 4 You shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Your RC Cars 4 You has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Your RC Cars 4 You product is mistakenly listed at an
incorrect price, Your RC Cars 4 You reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Your RC Cars 4 You reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Your RC Cars 4 You shall
issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Your RC Cars 4 You
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Your RC Cars 4 You may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Your RC Cars 4 You.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New York, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Your RC Cars 4 You products) shall be in the state or
federal courts located in Denton County, Texas. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Your RC Cars 4 You products) must be commenced within one (1) year
after the claim or cause of action arises. Your RC Cars 4 You's failure to
insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Your RC Cars 4 You may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Your RC Cars 4 You or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Your RC Cars 4 You does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Your RC Cars 4 You is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Your RC
Cars 4 You reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Your RC Cars 4 You in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Your RC Cars 4 You, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Your RC Cars 4 You
may link to sites operated by third parties. However, even if the third party
is affiliated with Your RC Cars 4 You, Your RC Cars 4 You has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Your RC Cars 4 You. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Your RC Cars 4 You seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
