Your access to and use of the HobbyShipper.com web site is subject to these Terms of Service, which we may update from time to time. It is your job to periodically review these terms for applicable changes. Your use of this site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by emailing HobbyShipper.com at hssupport@HobbyShipper.com. If you have ordered before please include your email address used when you setup your account, as well as the online store in which you placed your order. THE USE OF OUR WEB SITE BY CHILDREN Placing of orders is permitted if you are of age 18 or older. A parent or guardian may create customer accounts and submit orders for teenagers under the age of 18 in their household. WEB SITE CONTENT You agree not to display or use any Content for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of HobbyShipper.com, in any manner that is likely to cause confusion among consumers, that disparages or discredits HobbyShipper.com and/or its licensors, that dilutes the strength of HobbyShipper.com' or its licensors' property, or that otherwise infringes HobbyShipper.com or its licensors' intellectual property rights. You also agree that no mechanical "scripts" or "bots" or other automated programs will be used to access the HobbyShipper.com site. Use of these programs or devices could disable your access to our web site REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENT OUR WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILBABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT OT OUR WEB SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOBBICO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR WEB SITE, NOR SHALL HOBBICO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HOBBICO'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEB SITE, RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL HOBBICOS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Notwithstanding the foregoing, this provision is not applicable in the State of New Jersey. You agree to indemnify and hold HobbyShipper.com, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms of Service, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person. Notwithstanding the foregoing, this provision is not applicable in the State of New Jersey. Both you and HobbyShipper.com acknowledge and agree that no partnership is formed and neither of you nor HobbyShipper.com has the power or the authority to obligate or bind the other. These Terms of Service will be governed by and construed in accordance with the internal laws of the State of Illinois. |