"Model Train Help" and www.model-train-help.com

TERMS & CONDITIONS OF USE

If you do not agree with the Terms & Conditions of Use you should NOT use our www.model-train-help.com site. By using our www.model-train-help.com site you are indicating your agreement to be bound by the Terms & Conditions of Use outlined below. This agreement is legally binding.

1. You accept that our www.model-train-help.com site may be subject to change from time-to-time and may be available on an "as is, as available" basis. You agree to use our www.model-train-help.com site for your own personal information and personal use only. You further agree to use the site and material in accordance with all applicable rules and regulations. You agree NOT to alter, copy, republish or upload, distribute, give away, sell or trade any of the material on our www.model-train-help.com site without our prior consent written consent. Under no circumstances will intellectual property or other rights be transferred to you.
You are not authorized to download any of the content on www.model-train-help.com without permission.

2. You accept that when you access our www.model-train-help.com site we may from time to time collect, process and transmit data obtained from and/or about you.

3. To the fullest extent permitted by applicable laws, we on behalf of our directors, employees, agents, contractors, suppliers, affiliates or other representatives will not be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials or services offered through this website, including, but not limited to, direct or indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, arising out of or in connection with the use of our www.model-train-help.com site, products from our www.model-train-help.com site or any web site with which it is linked, even if the we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. You assume total responsibility for establishing such procedures for data back up, including virus checking as you consider necessary.

4. In instances where we may provide hypertext links to other websites we do so for information purposes only. Note carefully that any such links are NOT endorsements by us of any products or services in such websites. We therefore accept NO liability nor make any endorsement or approval of the same.

5. The Terms & Conditions of Use the entire understanding between the parties regarding the use of our www.model-train-help.com site and neither party shall be obligated by any representation, statement, inducement oral or written, not contained herein. If you do not agree to be bound by the Terms & Conditions of Use, please leave this site.

6. Should any part of the Terms & Conditions of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms & Conditions of Use had been eliminated.

7. Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Wellington, New Zealand. Any costs and fees other than attorney/solicitor fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Wellington, New Zealand under the rules of the New Zealand law. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

 

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