Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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 FRIXION RC COMPANY. The collective work includes works that are licensed to FRIXION RC COMPANY, Copyright 2013, FRIXION RC COMPANY 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 FRIXION RC COMPANY or purchasing FRIXION RC COMPANY 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 FRIXION RC COMPANY or to purchase FRIXION RC COMPANY 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 FRIXION RC COMPANY. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks, logos, trade dress and trade names used and displayed on this Site, including, but not limited to "Frixion RC”, FriXion RC Company, FriXion are registered, unregistered or licensed trademarks of FRIXION RC COMPANY. or their affiliates or subsidiaries (the "Parties"). Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. The Trademarks may not be used in connection with any product or service that is not the Parties', or in any manner that is likely to cause confusion among customers, or in any respective owners, who may or may not be affiliated with, connected with, connected to, or sponsored by the Parties.
FRIXION grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of FRIXION. This license does not include any of the following: any resale or commercial use of this Site or the Site Content; any collection of use and use of any product listings, descriptions, or prices; any derivative use of this Site or its use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FRIXION. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FRIXION and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing FRIXION's name or Trademarks without the express written consent of FRIXION. Any unauthorized use terminates the permission or license granted by FRIXION.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FRIXION RC COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FRIXION RC COMPANY 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. FRIXION RC COMPANY 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
FRIXION RC COMPANY shall not be liable for any special, incidental 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 FRIXION RC COMPANY has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU MAY NOT BRING AN ACTION FOR ANY BREACH OF THESE TERMS OR RELATING TO THIS WEBSITE OR THE CONTENT MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
In the event that a FRIXION RC COMPANY product is mistakenly listed at an incorrect price, product description, depiction or representation, FRIXION RC COMPANY reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, product description, depiction or representation. FRIXION RC COMPANY 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, FRIXION RC COMPANY shall issue a credit to your credit card account in the amount of the incorrect price. At any time, FRIXION has the right to correct any errors regarding incorrect price, product description, depiction or representation without fault or fear of legal recourse.
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 FRIXION RC COMPANY 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.
FRIXION RC COMPANY 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 FRIXION RC COMPANY.
When you visit this Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Creation of an account, access, or use of this Site is void where prohibited by applicable law. This Site is not intended for children under the age of 13 years without parental consent and supervision. By creating an account, accessing or using this Site, or purchasing any product or merchandise from FRIXION, you represent that you are at least 13 years of age or that you have obtained parental consent.
You are responsible for maintaining the security of your Login Information and Password. FRIXION accepts NO RESPONSIBILITY for maintaining the security of your Login and Password. If you forget your password, Click the "My Account / Order Status" link at the top right hand side of our site. Under the login box you'll see a link that says "Forgot your password? Click here". That link will send an email to you with instructions on how to reset your password.
Your use of this site shall be governed in all respects by the laws of the State of Missouri, 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 FRIXION RC COMPANY products) shall be in the state or federal courts located in Saint Louis County, Missouri USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FRIXION RC COMPANY products) must be commenced within one (1) year after the claim or cause of action arises. FRIXION RC COMPANY failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver or limitation of any provision or right, nor our right to subsequently enforce and compel strict compliance with every provision of these Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FRIXION RC COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights.
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 FRIXION RC COMPANY 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.
Visitors or Users of the Site may post reviews, comments, and other content, submit suggestions, ideas, comments, questions or other information (collectively referred to as “User Generated Content”), so long as the User Generated Content abides by the Usage Rules discussed below:
- Unlawful Purposes. As a condition of your use of the Site, you agree that you will not post or submit information that is illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Further, Users may not post or submit information consisting of or containing private information of another, including but not limited to addresses, phone numbers, Social Security numbers or financial information.
- Unsolicited Information. We welcome your comments and feedback concerning the Site, but we do not accept or consider any other unsolicited ideas or materials. Accordingly, Users may not post commercial solicitations, charitable requests, petitions for signatures, political campaigning, chain letters, mass mailings, or any form of "spam” on the Site. You may not post or transmit any advertising, promotional materials or any other solicitation of others to use goods and services.
- Unauthorized Access. You may not use a false e-mail address, impersonate any person or entity, or otherwise be misleading as to the origin of the content. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site and use your account or post User Generated Content for any purpose.
- Interference with Other Users’ Use. You shall not interfere with other Users’ use of the Site, including, without limitation, disrupting the normal flow of communication, disrupting User Generated Content, spamming, or otherwise using abusive tactics to deter others from communicating on the Site or purchasing merchandise from the Site.
- Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
- Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. We reserve the right to take such action as we deem appropriate in cases where User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
Monitoring of Website
We do not warrant that this Site and any User Generated Content will be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in any communities, reviews, blogs or forum discussions, if such ever become part of this Site, will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and/or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
Use of User Generated Content
User Representations; Indemnification
You understand, represent and agree that you own or otherwise control ALL of the rights to the User Generated Content that you post, submit or transmit to the Site; that the User Generated Content is accurate; that our use of the User Generated Content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree that you will indemnify and defend FRIXION, our affiliates, and our respective directors, officers, employees and agents from any and all claims resulting from the User Generated Content you supply, including, but not limited to, infringement, defamation, libel and slander, resulting from any User Generated Content you supply.
You acknowledge that FRIXION does not pre-screen User Generated Content, but has the right, but not the obligation, to monitor and edit or remove any User Generated Content you supply. FRIXION is not responsible for, does not control, does not endorse and does not verify the User Generated Content posted to this Site. FRIXION makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such User Generated Content. FRIXION reserves the right to remove any User Generated Content from the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content posted by a user and available through this Site.
FRIXION RC COMPANY 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, FRIXION RC COMPANY 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, FRIXION RC COMPANY 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 FRIXION RC COMPANY in its sole discretion.
You agree to indemnify, defend, and hold harmless FRIXION RC COMPANY, 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.
In an attempt to provide increased value to our visitors, FRIXION RC COMPANY may link to sites operated by third parties. However, even if the third party is affiliated with FRIXION RC COMPANY FRIXION RC COMPANY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FRIXION RC COMPANY. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FRIXION RC COMPANY 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).