Last updated: September 13, 2018
Terms and Conditions
A “Site” and “Sites” mean one or more of lionel.com, lionelstore.com, lionelracing.com, lionel.garage.com, and all other sites and Apps from Lionel, LLC (“Lionel”) and/or any of its subsidiaries, divisions, affiliates and related companies.
The “App” and “Apps” mean Lionel LionChief, Lionel iCab, and any other downloadable mobile apps (applications) from Lionel, LLC and/or any of its subsidiaries, divisions, affiliates and related companies.
By your use, continued use, browsing or viewing of any Site, placing of orders for any products or services through a Site, use of any of the products or services available through any Site, or download and/or use of any App, you agree to these Terms. The Terms represent binding commitments by you to Lionel. If you do not accept and agree with all of the Terms without modification, do not use any Site, any App, and you are not authorized to access or use any Site or App for any purpose.
Should you make orders or purchases through a Site, or engage in any services, such as registration or creation of accounts or logins, you agree not only to these Terms but also to any applicable agreement or other terms, including shipping and handling terms, of which a Site gives you notice. Please review the applicable Site to see such things.
Should you register for an account (if available) through a Site, or take some other action through a Site that may be established in the future, you agree not only to these Terms but also to any applicable agreement or other terms of which this Site gives you notice.
You must be 18 years or older to use the Site. You affirm that you are 18 or older, as the Sites are not intended for individuals under 18. If you are under 18, then you are prohibited from using or accessing any Site or services through a Site.
Read and Agreed
You represent that you have read and agree to abide by the Terms for a Site, as well as any other terms, disclaimers or policies set forth on a Site.
Modifications to Terms
We reserve the right to modify at any time, without giving you prior notice, the Terms, as well as any other terms, disclaimers or policies set forth on a Site. Your use or continued use of any Site or App following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Terms, as well as any other terms, notices, disclaimers and policies set forth on any Site whenever you use a Site.
Specific Terms for Portions of Sites; Purchases
One or more activities on or portions of Sites, such as product or service purchases, may have its own, additional or more specific terms and conditions, disclaimers and/or Terms, such as purchase, sales or shipping terms (“Portion Specific Provisions”). In the event of a conflict between any portion of these Terms and any part of Portion Specific Provisions, then the Portion Specific Provisions control for that specific purchase, activity and portion of the Site.
Users Outside the United States
This Website is not directed at or intended for users outside the U.S. or Canada. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal data submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction.
Users, Products and Services
As used herein, a “User” means anyone who browses and views a Site, whether or not such person creates an account. We reserve the right to charge for access to any Site (including Apps) or other services in the future. In such event, we will notify you in advance. We reserve the right to modify any features of this access to the Sites or other services at any time.
“Products” means any tangible items or anything else that we may provide you information about, that may be shown, sold, licensed or that may be promoted through a Site. In the event that any pricing for Products is displayed on any Site, we reserve the right to change, increase or decrease fees or rates from time to time and prior to any purchases by you. Offers are subject to change without notice. Products displayed may be out-of-stock, discontinued or not available in your area. Purchasers are responsible for all sales tax, tariffs, duties and fees, which might or might not be quoted on any Site.
“Services” means any services that may be sold or offered or that may be promoted through any Site. In the event that any pricing for Services is displayed on a Site, we reserve the right to change, increase or decrease fees or rates from time to time and prior to any purchases of Services by you. Offers are subject to change without notice. Services displayed may be discontinued or not available in your area. Purchasers are responsible for all sales tax, tariffs, duties and fees, if any, which might or might not be quoted on a Site.
We make efforts to display Products and Services, information about Products and Services as accurately as possible. We further cannot guarantee that the Products or Services will be available outside the United States or in your region.
We may change, suspend or discontinue any aspect of any Site at any time, including without limitation, the availability of any feature, database or content. We may also impose limits on certain features and services or restrict access to parts of or all of any Site without notice or liability.
Your license/permission to use an App is subject to these Terms as well as any click-wrap agreement or license for the respective App. In the absence of such other license, by downloading the respective App, and subject to your first paying any required fees for the respective App, you are granted a limited, non-exclusive, non-assignable, non-sublicensable, non-delegable license to use the respective App for its intended purposes. The App may include optional additional purchases and/or advertising and/or links.
Reporting Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. If you believe that your work has been copied on any Site or by us in a way that constitutes copyright infringement, please forward the following six (6) items of information to the Copyright Agent named below:
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, e-mail address;
- An identification of the copyrighted work that you claim has been infringed (or if multiple works allegedly infringed at a single online site, then provide a representative list of the copyrighted works you claim to have been infringed);
- Identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that you think should be removed (or access to which should be disabled) and other information sufficient to permit us to locate the material (such as the exact URL and description of the materials);
- a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 the copyright owner's behalf.
Lionel, LLC, Address: 6301 Performance Dr. SW, Concord, NC 28027, Phone number: 1-800-4-LIONEL (546635). Email: Talktous@lionel.com. This contact information is only for suspected infringement. Contact information for other matters may be provided elsewhere on this site.
To the extent that you are permitted to create a user account for your company, you represent that you have authority to do so, and will not use such a user account beyond the scope permitted.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on a Site, and for logging off your account and any protected areas of a Site. Further, you are fully responsible for all activities that may result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures. You agree to contact us immediately if you become aware of any suspicious, suspected or unauthorized use or conduct concerning your account(s), user name(s), email address(es), logins, passwords, and security questions and answers, including loss, theft or unauthorized disclosure of your password or credit card information. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. You are responsible for all usage or activity on your account, including the use of such things by any third party, whether or not authorized by you to use such things. Any fraudulent, abusive, or otherwise illegal activity is a violation of these Terms and may be grounds for termination, at our sole discretion, and the person may be referred to appropriate law enforcement agencies.
Information about Products and Services provided to you through a Site may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal information or personal financial information, and you consent to such transmission(s).
Content - Ownership & Use
Sites may have three types of content (“Content”).
User Submitted Materials
Content that is provided or posted by you to us, for a Site or otherwise, is known in these Terms as a “User Submitted Material.” A User Submitted Material includes testimonials, information, comments, postings, ideas, concepts, methods, systems, designs, plans, techniques, photographs, images, illustrations, audio files or clips, video files or clips, or other materials which you provide to us or a Site. User Submitted Materials are discussed below.
Third Party Content
Content that a third party provides to us for inclusion on a Site, whether through a User Submitted Material or otherwise, is known in these Terms as “Third Party Content.” Third Party Content is discussed below.
Everything else, including all other Content provided by us, a Site itself, Trademarks, blogs, text, photographs, images, logos, graphics, artwork, icons, characters, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the template or layout in which you arrange or organize a User Submitted Material through tools or features made available through any Site, the design, layout, look and appearance of a Site (overall and in part) and other material, whether in the form shown on a Site or in other forms, media, technologies existing now or hereinafter developed is known herein as “Our Content.” Our Content also includes the code and scripts in any format used to implement a Site. Our Content can include items which were originally known as User Submitted Materials and which have subsequently become owned by us.
Our “Trademarks” include: LIONEL and the Lionel logo. These and other brands that have been or may be adopted by us are known in these Terms as the “Trademarks.” You agree that we own the Trademarks and that you will not use the Trademarks in any way without our permission and certainly not in any way that is likely to cause confusion with or to dilute our uses or rights.
Ownership of Our Content
All of Our Content published on a Site is protected by copyright, trademark or other laws, and is owned, licensed or controlled by us. Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through a Site. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to or of the Content or Products.
The Sites, Our Content and Products are also protected as and by copyrights, trademarks, patents or other proprietary rights and laws. The Sites, Our Content, Products and Services are copyrighted as one or more collective works and/or compilations pursuant to U.S. copyright laws, international conventions, and other copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of the Sites, Our Content, Products and Services. You may not copy, use, modify, publish, republish, download, post, transmit, remove, delete, enter into a database, augment, add to, reproduce, create derivative works from, distribute, distribute over a network or as a service bureau, perform, display, transmit, frame, stream, market, participate in the transfer or sale, lease or rental of, or in any way exploit, any of the Sites, Our Content and Products, in whole or in part, without our express prior written consent. Neither title nor intellectual property rights are transferred or granted to you by access to a Site.
A Site may include certain information provided by third-parties, some of which we may display pursuant to license, permission or other legal authorization, such as fair use. Neither we nor the provider of Third Party content shall have any liability for any errors or delays in the substance, content, provision, or availability of Third Party Content, or for any actions taken in reliance thereon. Third Party Content may also be protected by copyright or other laws, and owned or controlled by a Third Party, who may or may not be credited as the owner, author or provider of the Third-Party Content.
The Site have been specially designed for presentation of content in a unique format and appearance. We are concerned about the integrity of a Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with a Site. Without limiting other provisions of these Terms, neither you nor any third party shall make use of any Site or Content in any manner that constitutes an infringement or violation of our rights, including copyright, or that has not been authorized by us.
Copyright 2018 Lionel LLC. All rights reserved.
Copyright Management Information
You agree that you will not remove, change or obscure any copyright or other notices for a Site, Content or anything from or involved with a Site.
USER SUBMITTED MATERIALS AND SUBMISSIONS
Unless specifically requested, we do not solicit any confidential, secret or proprietary information or other material from you through or for a Site, by e-mail or in any other way. Of course, information we request that you provide to us (such as in the course of creating a user account) is not a User Submitted Material as that term is used in these Terms.
Further, company policy does not allow us to accept or consider creative or original ideas, submissions or materials other than those 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, Submissions, or materials (unless specifically requested by us). If, at our request, you send certain User Submitted Materials (such as postings to chat boards, or contest entries) or, despite our request, you send us creative submissions, 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 Suggestion. 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.
You may have the opportunity on a Site (or otherwise) to post, transmit or otherwise make available User Submitted Materials, including testimonials, opinions, responses, ideas, images or other things. We reserve the right to post and to remove any User Submitted Materials sent to us or posted to a Site for any reason, or for no reason at all. Decisions as to whether User Submitted Materials should be posted or removed, or violates our standards will be made in our sole discretion after we have actual notice of such posting.
If you contribute any User Submitted Materials, you are publishing every word, image, video and material you provide. You should therefore assume that it may be retained forever, although we assume no obligation to retain or make it available for any length of time, much less forever. With respect to User Submitted Materials posted to or on a Site, if any, we are the provider of an interactive computer service and user providing the User Submitted Material (which may be you or a third party) is the publisher or speaker of the User Submitted Material. For such User Submitted Materials, we remain merely the provider of an interactive computer service and not the information content provider even if we exercise the traditional editorial function of editing or revising a User Submitted Material. For such User Submitted Materials, we are neither requesting nor requiring any particular or general information from you.
User Submitted Material and Submission Content
You are responsible for all User Submitted Materials and Submissions you provide. You represent and warrant that:
- all User Submitted Materials and Submissions you provide are NOT illegal, unlawful, defamatory, libelous, threatening, intimidating, derogatory, abusive, threatening, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic, indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive, wrong, improper or otherwise objectionable;
- all User Submitted Materials and Submissions you provide do NOT infringe, violate or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right, or any personal or privacy right;
- all User Submitted Materials and Submissions you provide are either original to you or are provided without violation or infringement of any contract or rights of any others;
- all User Submitted Materials and Submissions you provide do not contain any material, non-public information about any third party or third-party’s intellectual property, trade secret, or other rights;
- no other party has any rights to the User Submitted Materials and Submissions you provide or that you have all rights necessary to grant the rights and agree to the provisions of these Terms;
- your act of providing, and the continued existence on a Site of, such User Submitted Materials and Submissions does NOT violate any right, restriction, law, regulation, ordinance, governmental decree, contract or obligation;
- all User Submitted Materials and Submissions you provide are provided without any restrictions and that you have authority to provide all of the User Submitted Material and to agree to these Terms;
- all User Submitted Materials and Submissions you provide do NOT violate these Terms;
- all User Submitted Materials and Submissions you provide do NOT solicit, encourage or promote illegal activity or substances;
- all User Submitted Materials and Submissions you provide do NOT express or imply that any statements you make are endorsed by us, without our prior written consent; and
- none of your User Submitted Materials or Submissions give rise to civil or criminal liability, encourage conduct that constitutes a criminal offense or otherwise violates any local, state or federal law.
You may NOT provide or post User Submitted Materials or Submissions that are contrary to the above representations, warranties and restrictions.
Indemnity for User Submitted Materials, Submissions and your Actions
You agree to indemnify and hold harmless Lionel and its subsidiaries, divisions, affiliates and related companies from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other applicable agreement or Terms with Lionel and its subsidiaries, divisions, affiliates and related companies, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials and Submissions; (iii) your activities in connection with obtaining products or services offered on or through a Site; or (iv) any activity related to access to or use of a Site or your account by you or any other person. User Submitted Materials or Submissions that violate these Terms may be removed from a Site; provided, however, that we have no obligation to remove User Submitted Materials or Submissions in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials or Submissions from the Sites. You should keep back-up copies of your User Submitted Materials or on your hard drive or other personal system.
Prohibited User Submitted Materials
Additionally, you may not post, transmit or provide as a User Submitted Material for a Site the following:
- advertising or commercial solicitations, chain letters, pyramid schemes, investment opportunities;
- promotional materials relating to other websites or online services competitive with us or a Site;
- any personally identifiable information of you or anyone else; uploading media like images or videos of other people without their permission is strictly prohibited;
- software or other materials that are or contain spam, viruses, worms, time-bombs, Trojan horses, or another harmful or disruptive component;
- personalized information about your own investments, objectives, needs or portfolios;
- political campaign materials, chain letters, mass mailings or spam; or
- any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, database, data mine, or in any way reproduce or circumvent a Site or the navigational structure or presentation of a Site.
User Submitted Materials and Submissions will be deemed NOT to be confidential or secret; and we and all other users will not be required to treat such of your User Submitted Materials and Submissions as confidential, and may use such of your User Submitted Materials in our respective businesses (including without limitation, for Products, Services or advertising) without incurring any liability for royalties, damages or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.
Use of User Submitted Materials
Please note that because we may allow users like yourself to post materials on forums and in other ways on a Site, we need to obtain certain rights in your User Submitted Materials. While you retain ownership any ownership you may have in your User Submitted Material, by submitting or otherwise making User Submitted Materials available to us, or on/through a Site, you hereby grant to us and all users a royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (through multiple tiers), perform, publicly display, show how your User Submitted Material would appear in our products or services, and display your User Submitted Materials, to incorporate your User Submitted Materials in other works in any form, media, or technology now known or later developed. For example, when you place an order for product using a User Submitted Material, Lionel or its designees may prepare, copy and manipulate (if necessary) the User Submitted Material for use in product, packaging and shipment. You further agree that we may disclose your User Submitted Material and the circumstances surrounding the use thereof to any third party in order to provide services in connection with a Site, to enforce these Terms, or to comply with legal obligations or governmental requests.
You further consent to the use of your name and likeness, and the names and likenesses of everyone in your User Submitted Material and Submissions, and that you have obtained the written consent, release and permission of every identifiable individual in or shown in your User Submitted Material and Submission for the purpose of using, displaying and otherwise exploiting the User Submitted Material and Submission, and that if any such other person is under 18, you have obtained the foregoing consent, release and permission from such individual’s parent or guardian (and you agree to provide us copies of all such documentation upon request). If your User Submitted Material or Submission contains the likeness of an identifiable individual under 18, do not include such person’s identifying information (such as, but not limited to, name and address) in your User Submitted Material or Submissions. You also agree and acknowledge that any and all of your User Submitted Materials and Submissions, such as information, ideas, concepts, methods, systems, designs, plans, techniques or other similar materials, that you post, submit or otherwise communicate to us or a Site may be used by us and other users in any manner, and without limitation may be displayed on a Site and copied, printed and distributed for educational, promotional, marketing or any other purposes.
To the extent that any forums, message boards, blogs and similar things are provided on a Site for the receipt and posting of User Submitted Materials, such things shall be used only in a noncommercial manner by you. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
We are not responsible for any content of any User Submitted Materials on a Site. We have the right, but assume no obligation, to monitor User Submitted Materials for compliance with these Terms or any other reason. We reserve the right not to post and to delete, to move, or to edit messages that we, in our sole discretion, desire not to have on a Site, or deem abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise unacceptable or in violation of these Terms. We reserve the right, but not the obligation, to take any action we deem appropriate with respect to a Site, User Submitted Materials, and Third Party Content to operate any Site properly, to protect other users, us, our business relationships, and guests to a Site, and to comply with legal obligations or governmental requests. The providers of User Submitted Materials shall remain solely responsible for the content of their User Submitted Materials, whether the User Submitted Material is edited or not. Any act by anyone working for us to comment on, like or respond to any User Submitted Material does not represent any of: an acknowledgement of awareness of the User Submitted Material by anyone at our enterprise with suitable authority and discretion, an endorsement of the User Submitted Material, a decision not to remove the User Submitted Material, or a re-publication of the User Submitted Material.
By providing a User Submitted Material, you acknowledge and agree that any User Submitted Materials (whether a letter to the editor, testimonial, review, commentary, or otherwise) may be edited, removed, modified, published, transmitted, displayed, truncated, or not posted, or not displayed by us. In addition, by providing a User Submitted Material, you warrant that you have irrevocably waived all moral rights and other rights with respect to attribution of authorship or integrity, under any applicable law under any legal theory, in any User Submitted Materials you provide.
User Submitted Material Inaccuracy
User Submitted Materials and the Third Party Content that may be found on a Site have not necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. Such things are therefore “as is” and without any warranties of any sort from us. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition or non-infringement. Additional disclaimers are set forth below. We do not represent or endorse the accuracy or reliability of any User Submitted Material, Third Party Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through a Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk. We reserve the right, in our sole discretion, yet assume no obligation, to correct any errors or omissions in any portion of a Site.
Requested personally identifiable information you provide when ordering Products, Services or information about Products or Services is not considered a User Submitted Material. Information, including personally identifiable information (any information which can be used to identify a specific individual, such as a name, email address, postal address or telephone number) which is provided as a User Submitted Material or posted by you on a Site in an area viewable by other users will be accessible to other users including people you may not know. Making this information available may result in a user receiving “spam” or unsolicited e-mail. You are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information on-line. In addition, we have no control over, and shall have no liability for, damages resulting from the use or misuse by any third party of information that you voluntarily make public through a User Submitted Material. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A USER SUBMITTED MATERIAL, YOU DO SO AT YOUR OWN RISK. Without limiting the foregoing, you consent to the publication of any of the following that you provide to us, including in a testimonial: your name, first name, last name, initials, the testimonial and signature.
You must engage in good behavior when utilizing a Site. Rude, insensitive, illegal, malicious or petty behavior is not productive, is not good behavior and will not be condoned. Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and vandalism also are not productive, not good behavior and will not be condoned.
Your Use of Sites
Your use of Sites must only be in legal fashion, for lawful purposes only, and in accordance with the Terms. Your use of Sites must be for your own personal use. Unauthorized use of a Site may give to a claim for damages and/or be a criminal offense. You acknowledge that we have no obligation to monitor any aspect of the Sites or the Content, and we assume no such obligation. We, however, reserve the right to monitor use of Sites to determine compliance with these Terms. We also reserve the right to refuse to post, to modify, or to remove, in whole or in part, any User Submitted Materials, Content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of these Terms or otherwise should be removed, modified or not posted for any reason or no reason at all. We may also suspend, terminate and/or block anyone’s use of a Site, or any aspect of a Site, at any time in our sole discretion, for any reason or no reason at all. You may not copy or otherwise use automated means, robots, spiders or screen scrapers to copy or gather any data or information from a Site
No Duty to Police or Check
We undertake no duty or obligation to police, monitor, review or verify any aspect of User Submitted Materials or Third Party Content.
If you believe that you, your rights, intellectual property rights, or copyrights have been infringed, violated or defamed by Third Party Content or from anything on a Site, please contact us. We undertake no duty to comply with your request, but we have no tolerance for copyright infringement, libelous statements or other actions to violate rights.
No Warranties from Us concerning Sites, Products or Content
Sites and Content, as well as the Services and Products, if any, are provided “as is” and without any warranties or any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition, or non-infringement. Additional disclaimers are set forth below.
DISCLAIMERS & LIMITATIONS ON LIABILITY
YOUR USE OF THE SITEs, products and SERVICES are AT YOUR OWN RISK. The SITes, OUR Content, products, and SERVICES on a site or provided through a site ARE EACH provided “as is,” ON AN “AS AVAILABLE” BASIS, and without guarantees or warranties of any kind, either expressed or implied. Third PARTY content and User Submitted Materials are PROVIDED BY others, who may or may not make other promises, guarantees or warranties, and we are not responsible for any such things. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN a site, CONTENT, INFORMATION, products, services OR OTHER MATERIALS AVAILABLE THROUGH a SITE. WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE content or OTHER SERVICES THAT MAY BE connected TO or associated with a SITE. We, OUR affiliates and OTHER third party service providers hereby expressly disclaim all warranties, including any and all warranties, express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, TITLE, accuracy, timeliness, completeness, reliability, suitability, NON-INFRINGEMENT, and condition. We, OUR affiliates and OTHER third party service providers do not represent or warrant that access to the site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that defects will be corrected, that no viruses will be transmitted on the site, or that a site or a server that makes it available are free of viruses or other harmful components. We, OUR affiliates and OTHER third party service providers do not warrant or make any representation regarding use, or the result of use, of the content, SERVICES or products in terms of accuracy, reliability, or otherwise. The content, SERVICES and produCts may include technical inaccuracies or typographical errors, and WE may make changes or improvements at any time. You, and not WE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF a SITE, products, SERVICES or the CONTENT. We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT, SERVICES or products WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any wiki content, content, SERVICES or products THROUGH a SITE SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH a SITE, products, SERVICES, OR ANY CONTENT OR FUNCTION of a site, YOUR SOLE AND EXCLUSIVE REMEDy is TO DISCONTINUE USING THE products, SERVICES or site. WE DO NOT ENDORSE ANY OF THE third party content AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF such third party content.
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.
Not Professional Advice
Content on a Site is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.
The information on a Site, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on a Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from a Site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use a Site in the same manner as any other educational medium and should not rely on a Site to the exclusion of their own professional judgment. Information obtained by using a Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
It shall be your own responsibility to ensure that any Products, Services or information available through a Site meet your specific requirements. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and all internet access services needed for access to and use of a Site, and you are responsible for all charges related thereto.
We reserve the right to correct any errors or omissions on a Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to a Site, we do not guarantee or warrant that any Site or materials that may be downloaded from a Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on a Site and any materials available through a Site, you do so solely at your own risk.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, A SITE, products, SERVICES, the Content, or any materials and/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM A SITE, OR INFORMATION AVAILABLE ON A SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER WHETHER THE ALLEGED LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS BY YOU OR ANY USE OF A SITE OR SERVICES; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSE BY YOUR USE OR MISUSE OF A SITE, CONTENT, SERVICES OR PRODUCTS. ANY CLAIMS ARISING IN CONNECTION WITH A SITE, CONTENT, SERVICES OR PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
WE MAKE NO REPRESENTATION THAT A SITE OR CONTENTS ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS APPLICABLE, INCLUDING THOSE APPLICABLE WHERE YOU ARE, AND INCLUDING ALL IMPORT AND EXPORT REGULATIONS AND LAWS.
You Assume the Risk
To the extent permitted by law, you assume the risk of all use of a Site and the Content. As set forth below in these Terms, you release us from all liability and you will indemnify and defend us.
Risk of Loss
All items purchased from a Site are made pursuant to a shipment contract. The risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
You agree to indemnify and hold us, our subsidiaries, affiliates, parents, licensors, content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of A Site, Products, Services, or any Content other than as expressly authorized in these Terms or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing a User Submitted Material or Submission, violating any of these Terms or using any Product, Services, or Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.
Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
No Obligation to Participate in Disputes Between Users or Third Parties. If there is a dispute between users of a Site, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our subsidiaries, and affiliates and each of their officers, employees, shareholders, members, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or a Site.
You may not create a link to this website from another website or document without our prior written consent. From time to time, a Site may also include links to other websites. These links are provided for your convenience to provide further information and for you to access at your own risk. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s), and we disclaim all warranties and responsibilities for linked website(s), and for their accuracy, availability or completeness. 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 us with respect to linked websites and third-party content.
Please keep in mind that whenever you voluntarily disclose personal information online - for example, through email, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for determining whether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible whenever you are online.
We control and operate the Sites from our offices in the United States of America, and the Sites are not intended to subject us to the laws or jurisdictions of any state, country or territory other than that of the United States. We do not represent that materials on a Site are appropriate or available for use in other locations. Persons who choose to access a Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You and we agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the State of North Carolina. You and we agree to submit to the personal jurisdiction of the courts located within the State of North Carolina and waive any defenses to the assertion of jurisdiction by or venue in these courts, and you consent to extra-territorial service of process. To the extent allowed by law, you agree that the exclusive jurisdiction for any cause of action that may arise under the Terms or that may relate to a Site shall be an appropriate court, federal or state, in North Carolina. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of a Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms shall be interpreted according to their express terms, with no presumptions against the drafting party.
Breaches of Security
We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may allow to be displayed on a Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.
We may disclose personal information, User Submitted Content and Submissions if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of a Site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
You are further notified, pursuant to 47 U.S.C. section 230(d) that parental control protection protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is or has been available at the websites of the Electronic Frontier Foundation (http://www.eff.org) and America Links Up (http://www.netparents.org).
Severability and integration: Unless otherwise specified herein and unless additional provisions apply to the specific purchases or activities at issue, these Terms constitute the entire agreement between you and us with respect to a Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to a 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.