Terms & Conditions (User Agreement)
Welcome to www.redlinesonline.com (http://forum.toycarexchange.com/vb/) (the "Website") operated by Toy Car Exchange LLC, a New York corporation with an address at 1324 Madison Avenue, New York, NY 10128 (“Operator”, “we”, “our”, or “us”). The Website enables visitors to the Website ("Visitors" “Registrants”, “you”, “User”, “Users”) to browse the Website and make use of certain of its functionality. The terms “you”, "your", “yours”, “Users” when used herein refer to either Visitors or Registrants or to both Registrants and Visitors collectively, as applicable, provided, that such terms will refer collectively to both Registrants and Visitors unless the context of this Agreement indicates otherwise. This Agreement sets forth the terms and conditions which govern your use of the Website.
Please read by these Terms of Use (the “Agreement”) carefully. By accessing the Website (except for the Terms of Use and the Privacy Policy pages), you indicate that you have read and agree to be bound by the terms and conditions set forth in the Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use this Website or otherwise use or download Content from this website.
1. This Agreement.
1.1 Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website, you must first agree to abide by the terms and conditions set forth in this Agreement. By accessing the Website, you indicate that you have read and agree to be bound by the terms and conditions set forth in this Agreement. You are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with Operator, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.
1.2 Modifications. We reserve the right to modify this Agreement at any time. You agree to review this Agreement often, to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. The current version of this Agreement is accessible via the footer of the Website’s homepage.
2. Specific Disclaimers.
2.1 WHAT WE ARE AND WHAT WE ARE NOT. THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND THE DATA AND OTHER INFORMATION CONTAINED ON THE WEBSITE SHOULD NOT BE RELIED ON BY YOU OR ANYONE ELSE FOR MAKING ANY FINANCIAL, POLITICAL, PUBLIC RELATIONS, OR ANY OTHER BUSINESS, LEGAL, PERSONAL OR OTHER DECISIONS. NEITHER OPERATOR NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, PERSONNEL, REPRESENTATIVES, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY, THE "OPERATOR PARTIES") ARE POLITICAL HACKS, PUBLIC RELATIONS, BUSINESS OR LEGAL EXPERTS, OR HAVE ANY LIKE CREDENTIALS. NONE OF THE OPERATOR PARTIES ARE PROVIDING PUBLIC RELATIONS, BUSINESS, LEGAL OR ANY OTHER TYPE OF ADVICE, AND NOTHING APPEARING ON THE WEBSITE SHOULD BE CONSTRUED AS SUCH BY YOU. NONE OF THE OPERATOR PARTIES (A) WARRANTS THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR ANY OTHER INFORMATION CONTAINED ON THE WEBSITE; (B) WARRANTS OR REPRESENTS THAT YOUR USE OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE WILL NECESSARILY BE TO YOUR, OR TO ANY OTHER PERSON'S, BENEFIT; (C) WARRANTS OR ENDORSES ANY PRODUCT, CONTENT OR SERVICE DISPLAYED ON THE WEBSITE.
WE DISCLAIM ALL RESPONSIBILITY, AND WITHOUT LIMITATION, FOR CONTENT PROVIDED ON THE WEBSITE BY THE OPERATOR, BY THE VISITORS AND/OR REGISTRANTS AND/OR BY THIRD PARTIES.
YOU AGREE THAT AS THE USER OF THE WEBSITE, IT IS YOUR SOLE RESPONSIBILITY TO ENGAGE IN ANY ACTIVITY ON THE WEBSITE INCLUDING COMMUNICATION WITH OTHER USERS OF THE WEBSITE.
3. Registration.
3.1 Registrant Profile; Password. You will only be able to use certain functionality of the Website if you do not register with us. If you decide to register with us, you will receive a user ID and password (“Profile”) to access your registration account (“Account”). You shall not allow any individual or entity to use your Profile to access the Website and you shall strictly safeguard the information that would allow any individual or entity to access the Website by using your Profile. You are responsible for your failure to strictly safeguard such information and/or to allow any other individual or entity to access or use the Website by using your Profile or Account. You may not sell or otherwise transfer your Profile or Account or any portion thereof. You shall notify Operator immediately of any unauthorized use of your Profile, Account or any portion of the Website. Operator shall not be liable for any loss that results from the unauthorized use of your Profile or Account, either with or without your knowledge.
3.2 Accurate Information. You shall provide us with accurate, complete and current information about yourself during registration, and you shall update all information provided to us or otherwise requested by us if and as soon as such information changes.
3.3 Disabling or Revocation of Account. We have the right to cancel your registration for any reason (without having to specify the reason) or for no reason at any time, as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing the Website, your Account details and/or any files or other various Website materials, including without limitation all texts, comments, icons, images, message, tags, links, photographs, audio, video and other content appearing on the Website (collectively, “Content”) which are contained in or accessible through your Account, all of which may be deleted by us. Such termination will mean that you will also lose access to all of your Submitted Content (as hereinafter defined). You agree that we may access and view any and all information and content entered by you, including and not limited to all posts, private messages and any other information and communication entered by you on the Website.
3.4 Advertising on the Website. You are expressly prohibited from advertising on the Website any competing services, be it via public posts, private messages, signatures or any other means, without prior approval by us.
3.5 Cessation of Services. The form and nature of the products or services offered through the Website may change from time to time without prior notice to you. As part of our continuing innovation, we may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you.
4. Intellectual Property.
4.1 Proprietary Rights. The Website contains various Content, which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. All right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all Content appearing therein) belongs to Operator, and you have no rights in and to the Website other than as expressly set forth in this Agreement. Without limiting the foregoing and for the sake of clarity, all third party Trademarks and/or other third party intellectual property appearing on the Website belong to their respective third party owners. Except for that information for which you have been given express written permission by Operator, no Content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Operator or, where applicable, our licensors.
4.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted to the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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. Any notification by a copyright owner or a person authorized to act on such owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident. Operator's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Toy Car Exchange LLC Copyright Agent
Address: 1324 Madison Avenue, New York, NY 10128
Email: info@toycarexchange.com
We suggest that you consult your legal advisor before filing a notice with Operator’s copyright agent. You should note that there can be penalties for false claims under the DMCA. Operator will, in appropriate circumstances and to the extent plausible, terminate the right of Visitors or Registrants who infringe the rights of copyright holders to interact with certain portions of the Website.
4.3 Trademarks. REDLINES ONLINE™ and TOY CAR EXCHANGE™ are Trademarks (as hereinafter defined) of Operator. All other Trademarks appearing on the Website are the property of their respective owners. Operator is not affiliated with, or sponsored or endorsed by, any third party trademark owner, whose Trademark appears on the Website, and Operator does not sponsor or endorse any third party Trademark or its owner. As used herein, the term “Trademarks” means, collectively, all trademarks (registered or unregistered), service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website, which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other applicable jurisdictions. Except as provided in this Agreement, the use of Trademarks is strictly prohibited. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by using Content as permitted by this Agreement, without our prior written consent or the consent of such third party Trademark holder, as applicable.
4.4 Removal of Notices. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices), which may be affixed to or contained within any Content, and you shall abide by all such notices.
5. Third Parties.
Your participation, correspondence and/or business dealings with any third party found on or through the Website, or used in conjunction with information contained on the Website, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. Operator shall not be responsible or liable in any manner for any loss, damage, or other matter of any sort incurred as the result of any such dealings or otherwise involving such third parties. If applicable, you shall pay all sales, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of any transaction executed in connection with any third party with whom you communicate or have communicated by means of any Linked Site (as hereinafter defined) or otherwise in connection with your use of the Website.
6. Links.
The Website may contain links to other websites (collectively, “Linked Sites”). None of the Linked Sites are under the control of Operator and Operator is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, any changes or updates to a Linked Site or the availability of Linked Site, and Operator does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available through a Linked Site, nor is Operator responsible for any form of transmission received from or through any Linked Site whatsoever, including without limitation any viruses. Operator is providing Linked Sites to you only as a convenience, and the inclusion of any such link in the Website does not imply an endorsement by Operator of a Linked Site or any association with its operators or owners or an endorsement of Operator by the operators or owners of such Linked Site. All of your activity on or in connection with any Linked Site shall be subject to the policies and procedures of the owner of such Linked Site.
7. Release.
You hereby release each of the Operator Parties from all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party in connection with your use of the Website, directly or indirectly.
8. Representations, Warranties and Covenants.
You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement on your own behalf or on behalf of your employer, parent or guardian, as the case may be, and this Agreement is enforceable against you and/or your employer, parent or guardian (as the case may be) in accordance with its terms and conditions (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, (c) you accept and will abide by the terms of this Agreement (including without limitation the disclaimer of warranties and limitation of liabilities provisions set forth in Sections 2, 10 and 11 hereof), the Privacy Policy (as hereinafter defined) and any other ancillary terms and conditions posted on the Website, (d) you will not use any Submitted Content provided by a Registrant other than as permitted by this Agreement, and (e) you are solely responsible for, and no Operator Party has any responsibility to you or to any third party regarding the consequences of your actions, including without limitation any loss or damage which any of the Operator Parties may suffer related to the enforcement of any rights by you. YOU MAY NOT SIGN UP FOR ANY OF OUR SERVICES, IF YOU ARE NOT AT LEAST 13 YEARS OF AGE. IF YOU ARE AT LEAST 13 YEARS OF AGE BUT ARE NOT AT LEAST THE AGE OF MAJORITY, YOU MUST HAVE A PARENT OR GUARDIAN ACCEPT THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.
9. Indemnification.
You shall indemnify, defend and hold harmless each of the Operator Parties from all claims, demands, actions, causes of action and/or lawsuits (each, a "Claim" and collectively, "Claims") and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements (collectively, "Losses"), made by any third party due to or arising out of your (a) breach of any of your representations, warranties, covenants or obligations under this Agreement, (b) negligence or misconduct, or (c) violation of any law or regulation. You shall immediately provide all applicable Operator Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the Operator Parties by any third party that may give rise to liability of any such Operator Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable Operator Party; provided, however, that each such Operator Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim, which any of the Operator Parties believes is adverse to its interests, without receiving the prior written consent of each of the Operator Parties affected by such Claim. In no event shall any of the Operator Parties be obligated to participate in any settlement, which any such party reasonably believes would have an adverse effect on such party’s business interests.
10. Disclaimer of Warranties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 10.1 AND 10.2 BELOW:
10.1 YOUR SOLE RISK.
THE WEBSITE IS PROVIDED "AS IS", “WHERE IS” AND "AS AVAILABLE", AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF THE OPERATOR PARTIES ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ALL CONTENT PROVIDED THROUGH THE WEBSITE, AND NONE OF THE OPERATOR PARTIES MAKES ANY PROMISE, GUARANTY, PREDICTION OF SUCCESS OR ANY CLAIM TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN ENABLING YOU TO MAKE USE OF THE CONTENT OR OTHER WEBSITE FEATURES. NOTHING IN THIS AGREEMENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION BY ANY OF THE OPERATOR PARTIES. IN PARTICULAR, EACH OF THE OPERATOR PARTIES EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS THAT (A) YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS, (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) ANY INFORMATION APPEARING ON THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT OR BENEFICIAL, (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED OR UPDATED, AND (E) WE ARE IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM YOUR USE OF ANY INFORMATION CONTAINED ON THE WEBSITE, WHETHER ARISING FROM OUR NEGLIGENCE OR OTHERWISE. 10.2 DAMAGES; TRANSACTIONS; NO RESPONSIBILITY. ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE WEBSITE IS DONE AT YOUR SOLE DISCRETION AND RISK. NONE OF THE OPERATOR PARTIES ENDORSES OR IS RESPONSIBLE FOR ANY CONTENT APPEARING ON THE WEBISTE, OR FOR ANY SUBMITTED CONTENT OR OTHER THIRD PARTY CONTENT WHICH APPEARS ON THE WEBSITE. NONE OF THE OPERATOR PARTIES IS RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF YOUR INTERACTION WITH ANY THIRD PARTY INCLUDING ANY TRANSACTION ENGAGED IN BY YOU THROUGH THE WEBSITE OR IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH YOUR USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT, AND NONE OF THE OPERATOR PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR USE OF THE WEBSITE. SPECIFICALLY, EACH OF THE OPERATOR PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE.
11. Limitation of Liabilities.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 11.1, 11.2 AND 11.3 BELOW:
11.1 LIMITED LOSSES AND DAMAGES. IN NO EVENT SHALL ANY OF THE OPERATOR PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ARISING OUT OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE OR ANY TRANSACTION ENGAGED IN BY YOU THROUGH, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE), WHETHER CAUSED BY OR UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGE. WITHOUT LIMITING THE FOREGOING, NONE OF THE OPERATOR PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY TECHNICAL, TYPOGRAPHICAL, PHOTOGRAPHIC OR OTHER ERRORS, (B) ANY CHANGES WHICH OPERATOR MAY MAKE TO THE WEBSITE, (C) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE BY OPERATOR (OR ANY FEATURES CONTAINED ON THE WEBSITE), (D) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT, INCLUDING WITHOUT LIMITATION SUBMITTED CONTENT, (E) YOUR FAILURE TO PROVIDE US WITH (I) IMMEDIATE NOTICE OF ANY BREACH OF THIS AGREEMENT BY YOU OR ANY REGISTRANT OR VISITOR OF WHICH YOU BECOME AWARE, OR (II) ACCURATE ACCOUNT INFOMRATION, (F) YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL, OR (G) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WHICH OCCURRED IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE.
11.2 THE OPERATOR PARTIES SHALL NOT ACCEPT ANY LIABILITY FOR VISITORS’ USE OF THIS WEBSITE.
11.3 CAP ON LIABILITY. IN NO EVENT SHALL ALL OF THE OPERATOR PARTIES' AGGREGATE LIABILITY TO REGISTRANTS OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO REGITRANT’S USE OF THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1,000).
11.4 EXCLUSIONS. THE ABOVE LIMITATIONS OF LIABILITY OF THE OPERATOR PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OPERATOR PARTY HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY LIABILITIES, LOSSES OR DAMAGES ARISING IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 OR 11 HEREOF MAY NOT APPLY TO YOU.
12. No Endorsement.
Operator is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology, political party or person. The owners of any third party Trademark or copyright appearing on the Website are not sponsors of Operator or the Website and have not endorsed and are not affiliated with Operator or the Website, and Operator is not a sponsor and does not endorse any such third parties.
13. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Operator by this Agreement or by your use of the Website.
14. Privacy.
Operator views the protection of your privacy as an important responsibility. The terms regulating the handling of personally identifiable information (“PII”) and other information submitted by you in connection with the Website is described in our Privacy Policy, which can be found below. By using the Website, you consent to the collection and use of your PII and other information by us as described in the Privacy Policy.
15. Governing Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof. You hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of Manhattan, State of New York, and to receive service of process through certified mail or by other means sanctioned by law, and you and us expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
16. Timely Filing of Claims.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE, MUST BE FILED BY YOU PURSUANT TO SECTION 15 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
17. Notices.
All notices hereunder to us shall be given by certified mail, postage prepaid and return receipt requested, to: Toy Car Exchange LLC Attn: CEO, 1235 Madison Avenue, New York, NY 10128 with an electronic copy to info@toycarexchange.com, and to a Registrant by electronic mail to the email address listed in such Registrant’s Account. Notice shall be deemed given three (3) days after the date of such mailing, and in the case of notice by electronic mail, upon the sending of such message.
18. Assignment.
You shall not resell or assign your rights, duties or obligations under this Agreement in any manner, and any attempted assignment or delegation of such rights, duties or obligations shall be void and of no force or effect whatsoever. This Agreement may be freely assigned by Operator, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, and an entity under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of a bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.
19. Validity; Section Headings.
If any provision of this Agreement is held to be invalid, illegal, void or unenforceable by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, and the application of such provision to other persons or circumstances will be interpreted reasonably to effect the intent of the parties. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20. No Waiver.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If Operator does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Operator has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Operator’s rights, and all such rights or remedies shall still be available to Operator.
21. Survival.
The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and Operator.
22. Contact Us.
If you have any questions or concerns regarding the Website, please contact us by e-mail at info@toycarexchange.com or write to us at Toy Car Exchange LLC Attn: CEO, 1235 Madison Avenue #103, New York, NY 10128.