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Conditions
of Use
Welcome to Wholesaletrains.com. Wholesaletrains.com and its affiliates provide
their services to you subject to the following conditions. If you visit or
shop at Wholesaletrains.com, you accept these conditions. Please read them
carefully. In addition, when you use any current or future Wholesaletrains.com
service or visit or purchase from Wholesaletrains.com, whether or not included
in the Wholesaletrains.com Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY AND PRODUCT RETURNS
Please review our Privacy
Policy and Return Policy which also
govern your visit to Wholesaletrains.com, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit Wholesaletrains.com or send e-mails 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, and software, is the property of
Wholesaletrains.com or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this
site is the exclusive property of Wholesaletrains.com and protected by
U.S. and international copyright laws. All software used on this site is
the property of Wholesaletrains.com or its software suppliers and protected
by United States and international copyright laws.
LICENSE
AND SITE ACCESS
Wholesaletrains.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Wholesaletrains.com.
This license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant; or any
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
the express written consent of Wholesaletrains.com. You may not frame or utilize
framing techniques to enclose any proprietary information (including images,
text, page layout, or form) of Wholesaletrains.com and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing Wholesaletrains.com's name or trademarks without the express
written consent of Wholesaletrains.com. Any unauthorized use terminates the
permission or license granted by Wholesaletrains.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
Wholesaletrains.com so long as the link does not portray Wholesaletrains.com,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Wholesaletrains.com logo
or other proprietary graphic or trademark as part of the link without express
written permission.
YOUR
ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Wholesaletrains.com does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use Wholesaletrains.com only with involvement of a parent or guardian.
Wholesaletrains.com and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other communications; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of a card or other
content. Wholesaletrains.com reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you
do post content or submit material, and unless we indicate otherwise,
you grant Wholesaletrains.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Wholesaletrains.com and its affiliates and sublicensees the right to
use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that
you will indemnify Wholesaletrains.com or its affiliates for all claims
resulting from content you supply. Wholesaletrains.com has the right
but not the obligation to monitor and edit or remove any activity or
content. Wholesaletrains.com takes no responsibility and assumes no
liability for any content posted by you or any third party.
COPYRIGHT
COMPLAINTS
Wholesaletrains.com and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us.
RISK
OF LOSS
All items purchased from Wholesaletrains.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to
you upon our delivery to the carrier.
PRODUCT
DESCRIPTIONS
Wholesaletrains.com and its affiliates attempt to be as accurate as possible.
However, Wholesaletrains.com does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Wholesaletrains.com itself is not as described, your
sole remedy is to return it in unused condition.
COLORS
We have made every effort to display as accurately as possible the colors
of our products that appear on wholesaletrains.com. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor's
display of any color will be accurate.
ITEM
AVAILABILITY
Item availability and prices are subject to change without notice. All products
are subject to prior sale. Wholesaletrains.com reserves
the right to limit quantities on all items.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WHOLESALETRAINS.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WHOLESALETRAINS.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHOLESALETRAINS.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WHOLESALETRAINS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM WHOLESALETRAINS.COM ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WHOLESALETRAINS.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
IF
YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE,
OR WITH THE WHOLESALETRAINS.COM TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE WHOLESALETRAINS.COM WEB SITE.
YOU ACKNOWLEDGE, BY
YOUR USE OF THE WHOLESALETRAINS.COM WEB SITE, THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK.
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.
APPLICABLE
LAW
By visiting Wholesaletrains.com, you agree that the laws of the state of New
York, without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Wholesaletrains.com
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Wholesaletrains.com or to
products you purchase through Wholesaletrains.com shall be submitted to
confidential arbitration in Horseheads, New York, except that, to the extent
you have in any manner violated or threatened to violate Wholesaletrains.com's
intellectual property rights, Wholesaletrains.com may seek injunctive or
other appropriate relief in any state or federal court in the state of
New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this
site. These policies also govern your visit to Wholesaletrains.com. We reserve
the right to make changes to our site, policies, and these Conditions of Use
at any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
INDEMNIFICATION
You agree to defend, indemnify and hold WHOLESALETRAINS.COM
harmless from and against any and all claims, damages, costs and expenses,
including
attorneys' fees, arising from or related to your use of the site.
OUR
ADDRESS
Wholesaletrains.com
101 South Main Street
Horseheads, NY 14845
http://www.wholesaletrains.com
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