"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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