ModHobby.com Terms of Use Agreement

Acceptance of Agreement

This document is a contract for providing access to the products of ModHobby.com. By using this website (referred to in this document as the “Site”), you accept our Terms of Use Agreement (referred to in this document as the “Agreement”). Please review these terms carefully. If you do not agree to these terms, you should not use our information, or obtain products from this Site.

ModHobby.com is owned and operated by ModHobby, LLC. This Agreement constitutes the entire agreement between you and us, and replaces all prior agreements, representations, warranties and understandings in regard to ModHobby.com, its content, services and the subject matter of this Agreement. We reserve the right to amend this Agreement at any time without notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyrights and Copyright Agents

We respect the intellectual property of others, and expect you to do the same. If you believe that your work has been copied in a way that is copyright infringement, please submit the following information to our Copyright Agent:
– A description of the copyrighted work that you claim has been infringed;
– A description of where the material that you claim is infringing is located on the Site;
– Your address, telephone number, and email address;
– A statement by you that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
– A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
– Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
The ModHobby.com Copyright Agent is ModHobby, LLC,  and can be reached in the following ways:

Call: 1.888.414.6229
Email:  info@ModHobby.com.
Fax: 770.234.6190
Mail: ModHobby, LLC, 800 Langford Drive, Suite C, Norcross, GA 30071
Attn: Operations Manager

Copyright Notice

Copyright © 2008 by ModHobby, LLC Text, graphics, design, software, and other works are the copyrighted material of ModHobby, LLC All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.

Disclaimer and Limits
If you choose to utilize the information or services of ModHobby.com, you do so at your own risk. The information from the Site is provided “as is”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchant ability and fitness for a particular purpose.) The information and services may contain bugs, errors, problems or other limitations. ModHobby.com and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set for above are fundamental elements of the basis of the agreement between us and you. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any services or information.

The Site contains general information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information. Information about companies other than ours should not be relied upon as being provided or endorsed by us.

Editing, Deleting and Modification

We retain the right to deny service to anyone who we believe has violated these terms or any other term of this agreement.

Errors

The content on ModHobby.com is intended for ordering and information purposes only. We make every effort to provide accurate information, however, errors may appear occasionally.

Hyperlinks

This site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.

Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Limited Right to Use

Viewing, printing or downloading of any graphic, content, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Gwinnett County, Georgia, and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Norcross, Georgia. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Not Transferable

Your right to use ModHobby.com is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Ownership

ModHobby.com is created to be a cutting-edge Internet shopping resource for the RC hobby industry. The materials on this site are the property of ModHobby.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as provided in this agreement, you may not copy, distribute, publish, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You may display and occasionally print a single copy of any page on the site for your personal use, but you may not reproduce any content appearing on this site without the prior written consent of the owner. You may not store any significant portion of materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on ModHobby.com should be sent to our Operations Manager, ModHobby.com, 800 Langford Drive, Suite C, Norcross, GA  30071 or to info@modhobby.com.

Payments

In placing an order with us, you agree to pay the price stated for each item you choose, in addition to tax (if applicable) and shipping and handling fees. You also agree that any credit information you supply is true and complete, and that charges incurred by you will be honored by your credit card company.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Please take a moment to review our Privacy Policy.

Refund Policy

We believe that if we serve you well, you’ll come back again soon. That’s why we guarantee your 100% satisfaction in our products and service. If you are not happy with your purchase, please return the unused item within 30 days to receive an exchange or full refund. See our Refund Policy for full details.

Registration

In order to check out or gain access to your ModHobby.com account, you will be given an opportunity to register with the Site. You agree that the information you supply during registration will be accurate and complete and that you will not provide false identity. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing ModHobby.com through any username or password that has been assigned to you. It is your responsibility to notify ModHobby.com of any unauthorized use of your account.

Securities Laws

ModHobby.com may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Trademarks

Product and company names mentioned on the Site may be trademarks of their respective owners.

Use of Information

We reserve the right to the use and assignment of all information regarding ModHobby.com by you and all information provided by you in any manner consistent with our Privacy Policy.