YOUR USER AGREEMENT
The following describes the terms on which Lionel Racing offers you access to our services.
This User Agreement was last updated in February, 2017.
User and Membership Eligibility
(a) Users of all ages (each a “User”) are welcome to browse the Websites, however, you may only establish a membership account with us (a “Membership Account”) and become a member of a Website (each a “Member”) if you are 18 years of age or over. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Lionel Garage members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Website. If you are not a Member of a Website, you may not be permitted to access/use certain content, materials or features available on that Website or the services or products discussed, referenced, provided or offered through or on such Website (such available content, materials features, services or products are the “Available Features”). The Websites may offer different levels of membership (“Membership Levels”). Based on a User’s Membership Level, access/use of certain content, materials or features is permitted or restricted. In no event shall any User who is not a Member of a Website access or attempt to access the restricted features of such Website.
(b) The Websites are available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Websites and Available Features may be inappropriate, prohibited or restricted in countries outside the United States. We make no warranty or representations that the Available Features, the Websites, or Items are appropriate or available for use or sale outside of the USA. If you access/use the Websites or the Available Features from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Websites or the Available Features, including, without limitation, all laws and regulations applicable to the sale, purchase or trade of Items.
(a) If you are 18 years of age or older, you may register for a Membership Account through one of our Websites. Once your Membership Account is established, if different membership options are offered, you can choose among various level(s) of membership for each Website (each a “Membership Level”). Some Membership Levels are available free of charge, while others require the payment of a specified fee. The Membership Level you choose will determine which Available Features you are permitted to use/access. Please refer to our Fee Schedule (if applicable), which we may change from time to time. This User Agreement governs each type of Membership Account and each Membership Level as applicable. When you register for a Membership Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member of our Websites, you are responsible for keeping your password and Membership Account information confidential. You should not provide anyone your Membership Account log-in information. You are responsible for all activities that occur under your Membership Account. If you suspect someone is accessing or using your Membership Account or if you need to change your password or Membership Account information you should notify us as soon as possible using the contact information set forth below in the "Contact Us" Section and login to your account to make the necessary changes. We reserve the right to terminate or suspend your Membership Account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your Membership Account is terminated.
Paying Fees with PayPal
If you use a Lionel Garage feature that triggers a fee payable to Lionel Racing (e.g. upgrading your membership), you must pay that fee to Lionel Racing through PayPal. PayPal is a safe, convenient way to pay your Lionel Garage fees.
Note: You can specify funding sources that you don't want to use for Automatic Payments from the Pre-Approved Payments Page in your PayPal Profile.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Websites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Registration in Own Name
Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Lionel Racing prosecutes fraud to the fullest extent of the law.
We use many techniques to verify the accuracy of the information our Users provide us when they register on the Site. However, because User verification on the Internet is difficult, Lionel Racing cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with other Members through the tools available on the Website when buying or selling.
Changes to the User Agreement
We reserve the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) this User Agreement at any time upon advance notice to you. We may notify you of such Revisions to this User Agreement in any manner we chose that complies with law, including, but not limited to by posting a notice of such changes on the Website. Your continued use of the Websites following our notice to you of Revisions to this User Agreement signifies your agreement to be bound by the revised User Agreement.
Information You Provide/Submissions
(b) You are entirely responsible for any content that you provide to or otherwise make available on or through the Websites and Available Features (such content the “Submitted Content”), including but not limited to all content you submit or post in items for sale, to our catalogs, to blog comments, in chat rooms, etc. Submitted Content is considered to be “Content” for the purposes of this User Agreement. By posting Submitted Content to the Websites, you thereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, syndicate and otherwise use such Submitted Content, with or without attribution to you or any other party (“Submitted Content License”). You acknowledge and agree that your Submitted Content (i) shall not be considered confidential, proprietary or personal to you or anyone else and (ii) may be disseminated or used by us for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such Submitted Content. Therefore, do not send to us or post on our Websites any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation.
(c) By posting Submitted Content to the Websites, you represent and warrant (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary approvals and permissions to grant us the Submitted Content License described above, (ii) the Submitted Content, and the exercise by us of our rights under the Submitted Content License in relation to such Submitted Content, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under this User Agreement.
Lionel Racing may make available to Users of the Website, message boards, catalogs, opinion forums, blogs or other interactive communication facilities. Lionel Racing cannot review all communications made on or through the Website. However, Lionel Racing reserves the right to monitor the forums and edit, modify or delete any materials which Lionel Racing in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Lionel Racing policy, either written or unwritten. Lionel Racing further reserves the right to use Submitted Content for our own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of Lioenl Racing. You agree not to use Lionel Garage forums, catalogs or Websites for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
(d) In addition, Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that:
- misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity;
- imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
- contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
- promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
- is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
- contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content;
- contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
- contain(s) advertising or solicitation of any kind (e) We do not guarantee that Submitted Content will not be lost or damaged or that you will be able to retrieve Submitted Content. We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion.
Ownership and Permitted Use of Content
(a) We, our licensors or other third parties own all content appearing or available on or otherwise making up the Websites (“Content”), including but not limited to all text, Available Features, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, photographs, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by its owner.
(b) Unless otherwise set forth in relation to particular Content, you may use and make one copy of such Content solely for your own personal use and you may not publish, resend, disclose, post on any website or otherwise disseminate the Content to any third party (other than your own Submitted Content). Under no circumstances shall you use any Content except as provided in the previous sentence unless you obtain Lionel Racing’s express prior written permission.
(c) You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
(d) All rights in and to the Content not expressly granted in this User Agreement are retained by Lionel Racing and its licensors.
Content Appearing On or Accessed Through the Websites
(a) We do not independently verify any Content appearing on or accessed through the Websites that has been provided by third parties (“Content Providers”). While we do take reasonable efforts verify the accuracy or Content prepared directly by us, we do not guarantee or warrant that any all Content is accurate, complete, truthful, or non-objectionable. You should independently verify all Content and not rely on the accuracy or completeness of any Content.
(b) We do not endorse any Content provided by Content Providers.
(c) We reserve the right, at any time and in our sole discretion, to remove any Content from the Websites without notice.
(d) You should exercise extreme discretion and skepticism when evaluating Content and interacting with individuals on the Websites as Users, (i) remain largely anonymous when using the Websites, (ii) may be other than who or what they claim to be, and (iii) may have dishonest, deceitful or harmful intentions. You should not, except as specifically requested by us when you register for a Membership Account or when you purchase products or services through the Websites, provide your or any other individual’s name, street address, telephone numbers, financial information, email addresses or other sensitive or personal information.
You understand and agree that Lionel Racing may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Lionel Racing violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submitted Content you post or store on the Website or provide to Lionel Racing.
Participating in the Website
At all times while visiting the Websites and participating in, accessing and using the Available Features, you must conduct yourself in a polite, courteous and respectful manner, comply in all respects with this User Agreement and with all applicable laws, rules and regulations and supply truthful and non-misleading information.
For example, you may not, while using the Websites:
- request, or otherwise attempt to harvest, obtain or store, personal information, passwords, Membership Account information or any other type of information relating to other Users;
- access or use another person’s Membership Account;
- disguise the origin of Submitted Content;
- alter, modify, frame, or “mirror” any Content;
- manipulate the price of any Item or interfere with another Member’s sale listings;
- use any data mining, robots, scraper or similar data-gathering and extraction tools in connection with the Website;
- inhibit, disrupt, or otherwise prevent anyone from using or accessing the Websites or interrupt any User’s experience on the Websites, including but not limited to acting in any manner that disrupts Users’ real-time exchanges or hacking or defacing any portion of the Websites;
- interfere with or disrupt the Websites, or servers or network connections to the Websites,
- disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
- modify, adapt, sublicense, translate, sell, reverse engineer, de compile or disassemble any portion of the Websites;
- attempt to gain unauthorized access to the Websites (or any portion thereof), any Available Feature, any other systems or networks connected to the Websites or any server related thereto;
- use the Websites to intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- use the Websites to violate any third party rights, including, without limitation intellectual property rights;
- and provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to applicable law.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Lionel Racing Websites, services or tools.
Buying and Selling
Lionel Racing provides a venue for Members to buy and sell collectibles. If you sell items in a Lionel Racing Marketplace, you agree to the terms specified in the Marketplace Fees section of the Website, including the payment of fees to Lionel Racing based on the sale of your items. We have no control over the quality, safety or legality of the items, the truth or accuracy of the listings, or the ability of Members to sell, buy or trade. We cannot ensure that a Member will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer. You agree that we have no responsibility or liability for those transactions or items. Issues can arise from incomplete or inaccurate item descriptions and shipping/delivery problems. We encourage buyers, sellers and traders to work together to resolve a problem.
Members are encouraged to provide both positive and negative feedback about the other Member in the transaction. Lionel Racing monitors the ratings of all Members and may terminate a Member if, in Lionel Racing’s opinion, a Member is not conducting himself/herself with integrity. Please refer to our FAQ for more information about leaving appropriate feedback.
In each listing, the seller is responsible for specifying their Shipment terms. Typically, these terms will identify how long it will take the seller to ship the order, general shipping guidelines about carriers used and insurance, as well as the seller’s return and refund policies.
Unless the seller specifies different Shipment and Returns terms, all sellers agree to the following minimum default Shipment and Returns Terms.
Default Shipment and Returns Terms:
- Items are shipped to the buyer within 5 days of payment receipt.
- Buyers may return any item that purchased for any reason within 7 days of the receipt of the item, in the same condition in which it was received. The buyer is responsible for the return shipping charges, and after the item is received, the seller will refund the buyer’s purchase price and original shipping. The seller may charge the buyer a restocking fee in the case of canceled orders.
- If the buyer’s dissatisfaction is due to an error by the seller, the seller will refund the buyer’s purchase price, original shipping and the buyer’s reasonable return shipping charges. Refunds will be issued after the item has been received by the seller.
- In all cases, both buyers and sellers agree to work together to resolve differences directly first. For all unresolved issues, both buyers and sellers will use the PayPal Dispute Resolution Center.
All Lionel Racing funds transfers go through PayPal, a leading Payment Service Provider. Because all Lionel Racing members that buy and sell items on Lionel Racing must have a PayPal account, purchases may be eligible for PayPal’s programs for seller and buyer protection, complaints and PayPal Dispute Resolution Center. Please refer to your PayPal User Agreement for options available through Paypal for dispute resolution.
In order to use certain Available Features you may be required to download/obtain certain software and particular compatible devices. Furthermore, you are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that (i) your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software you are using to access the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software) (ii) we may, at any time and in our sole discretion, discontinue/change the Available Features and the requirements (type of Internet access, hardware, software, etc.) relating to the Available Features. We do not guarantee or warrant that you will have access, at any time, to the Website or any Available Features.
General Practices Regarding Use and Storage
Lionel Racing reserves the right to establish general practices and limits concerning use of, and storage space on, our servers.
The Websites may display links to other Websites or resources sponsored by third parties (such third party sites are known as “Linked Websites”). Your access to and use of Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. We do not endorse or provide warranties of any kind as to any Linked Websites (and any Websites to which they link). You should review the policies and terms and conditions associated with Linked Websites closely before using, submitting information to such Linked Websites, and allowing children to visit Linked Websites.
Disclaimer of Warranty
(a) WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITES. ALL ITEMS SOLD OR PURCHASED IN SALES ON THE WEBSITE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITES, SHALL BE SO SOLD, PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY SALE OR YOUR USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
(b) WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITES; (B) THE WEBSITES OR CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITES WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITES WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) ANY ITEM OFFERED FOR SALE AND SOLD IN A SALE ON THE WEBSITES OR ANY CONTENT ON THE WEBSITES IS LAWFUL, APPROPRIATE OR AVAILABLE FOR SALE, PURCHASE OR USE IN ANY PARTICULAR LOCATION; OR (G) OTHER PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITES ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION.
(c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITES OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED.
Limitation of Liability; Release
(a) WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY SALE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer, seller or trader will actually complete a transaction or return an item.
(b) IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE OR OTHER SIMILAR FEES PAID BY YOU TO US IN THE PRECEDING THREE MONTH PERIOD FOR ACCESS TO THE CONTENT, ITEM, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL LIONEL RACING’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims 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."
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LIONEL RACING AND LIONEL RACING’S AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE WEBSITES OR YOUR VIOLATION OF THIS USER AGREEMENT.
You and Lionel Racing are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Reporting Violations of this User Agreement
If you became aware of activities, Items or Content that violates this User Agreement you should notify us immediately as set forth in the “Contact Us” Section. Although we do not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.
We may, in our sole discretion, at any time and without prior notice, terminate your use of the Websites or terminate your rights under this User Agreement for any or no reason. In our sole discretion, and at any time, we may also discontinue providing the Website or any one or part thereof, with or without notice. We shall not be liable to you or any third party for any of the foregoing. The following Sections shall survive the expiration or termination of this User Agreement: “Information You Provide,” “Ownership and Permitted Use of Content,” “Buying, Selling and Trading,” “Disclaimer of Warranty,” “Limitation of Liability; Release,” “Indemnity,” “Termination,” and “Other.”
Except as explicitly stated otherwise, any notices shall be given by postal mail to Lionel Racing Attn: Legal Department (in the case of Lionel Racing) or to the email address you provide to Lionel Racing during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lionel Racing during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
In the event a dispute arises between you and Lionel Racing, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Lionel Racing agree that any claim or controversy at law or equity that arises out of this Agreement or our services, Website or Content ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
To the fullest extent permitted by law, this User Agreement and any Claim or dispute arising out of or relating to this User Agreement, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to this User Agreement, including but not limited to the Website, shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts.
You may not use or export or re-export the materials at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations.
If any provision of this User Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed sever able and will not affect the validity and enforceability of the remaining provisions – which shall still remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. This User Agreement constitutes the entire agreement between you and Lionel Racing relating to your use of the Website, superseding any other agreement between you and Lionel Racing with respect to the subject matter of this User Agreement. Section headings in this User Agreement are for convenience only and have no legal or contractual effect.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Website. When using particular services on our Websites, you are subject to any posted policies or rules applicable to services you use through the Websites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Lionel Racing is located at 6301 Performance Dr. Concord, NC 28027. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section.