THESE TERMS AND CONDITIONS, ALONG WITH THE LEGAL NOTICES AND PRIVACY STATEMENTS (COLLECTIVELY, THE "TERMS"), GOVERN YOUR USE OF THIS WEBSITE, AS WELL AS ALL PRODUCTS AND SERVICES BY LIONEL LLC AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES AND RELATED COMPANIES, AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION FROM BUYER.
1. Acceptance of terms through use: By using this website, you signify your knowledge and acceptance of the Terms set out within this site. If you do not agree with the foregoing sentence, please do not use this site. LIONEL reserves the right, at our discretion and without prior notice, to modify the Terms at any time. You agree to periodically review the Terms to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this site following any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.
2. Lawful Use: You agree to use this website for lawful purposes only.
3. Copyrights: Except as expressly stated in this site, no portion or element of this website (including information, images, logos, photographs, graphics, and the overall appearance of the site) may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted or copied in any form or by any means whatsoever without the prior written permission of LIONEL and all relevant copyright holders.
4. Trademarks: LIONEL and the LIONEL logo are trademarks of LIONEL LLC. All other trademarks and logos used in this website are the trademarks or logos of their respective owners.
5. Links to other websites: This website contains links to other websites that are operated by third parties. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against LIONEL with respect to such sites and third-party content.
6. Content Accuracy: While reasonable efforts have been made to ensure the accuracy of this website's content, no responsibility can be taken for any error or omission.
7. Disclaimer; Limitation of Liability: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THIS WEBSITE AND ITS CONTENTS, WHICH ARE PROVIDED ON AN "AS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIONEL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. LIONEL MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ITS CONTENTS IS TO STOP ALL USE THEREOF. Goods or services neither manufactured nor rendered by LIONEL are the sole responsibility of the manufacturer or provider of those goods or services. We disclaim all warranties and responsibility for those goods and services. UNDER NO CIRCUMSTANCES SHALL LIONEL OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, ITS CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIONEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. International use: LIONEL makes no representation that this website or its contents are appropriate or available for use in locations outside the United States. If you use this site or its contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
9. Choice of law and forum: These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms, this website and its contents, or your use thereof shall be filed only in the state or federal courts located in Cabarrus county or Mecklenburg county in the State of North Carolina. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. The Terms shall be interpreted according to its express terms, with no presumptions against the drafting party.
10. Submissions: We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. No Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. By posting or submitting content to this site, you (1) grant LIONEL and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by LIONEL will not infringe or violate the rights of any third party.
11. Risk of loss: All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
12. Indemnification: Upon request by LIONEL, you agree to defend, indemnify, and hold harmless LIONEL and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys' fees, arising from your violation of these Terms or your use of this website other than as permitted herein. LIONEL reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LIONEL in asserting any available defenses.
13. Severability and integration: Unless otherwise specified herein, these Terms constitutes the entire agreement between you and LIONEL with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LIONEL with respect to this site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.