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Welcome to www.timmcamis.com
by Tim McAmis Race Cars (“TMRC”). Please read
these Terms and Conditions of Use (“Terms and Conditions”)
completely and carefully before using thefarrierswife.com
(the “Site”). By using the Site, you express
your unconditional agreement to follow and be bound by the
Terms and Conditions of Use in their entirety. If
you do not agree with any of the following Terms of Use and
Conditions, please do not use this Site.
Further, by accepting these Terms of Use through your use
of the Site, you certify that you are 18 years of age or older.
If you are under the age of 18, but at least 13 years of age,
you may use this Site only under the supervision of a parent
or legal guardian who agrees to be bound by these Terms of
Use. TMRC does not intentionally collect personal information
about children under the age of 13. Children under the age
of 13 may not use this Site and parents or legal guardians
may not agree to these Terms and Conditions on their behalf.
If you are a parent or legal guardian agreeing to these Terms
and Conditions for the benefit of a child between the ages
of 13 and 18, be advised that you are fully responsible for
his or her use of this Site, including all financial charges
and legal liability that he or she may incur. If you do not
agree to (or cannot comply with) any of these terms and conditions,
do not use this Site. All billing and registration information
provided must be truthful and accurate. Providing any untruthful
or inaccurate information may constitute a breach of these
Terms and Conditions. By confirming your purchase at the end
of the checkout process, you agree to accept and pay for the
item(s) requested.
I. SECURITY
Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation, (a)
accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere
with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
“flooding”, “spamming”, “mailbombing”
or “crashing”; (d) sending unsolicited email,
including promotions and/or advertising of products or services;
or (e) forgoing any TCP/IP packet header or any part of the
header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal
liability. TMRC will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working
of this Site or any activity being conducted on this Site.
You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Site other than the search
engine and search agents available from TMRC on this Site
and other than generally available third-party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
II. MEMBERSHIPS & ORDERS
Please note that there may be certain memberships and/or
orders that we are unable to accept and must cancel. We reserve
the right, at our sole discretion, to refuse or cancel any
membership or order for any reason. For your convenience,
you will not be charged until your payment method is authorized,
the membership or order information is verified for accuracy
and your membership is confirmed and /or your order is shipped.
Some situations that may result in your order being canceled
include limitations on quantities available for purchase,
inaccuracies or errors in product or pricing information,
or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information
before accepting any membership and/or order. We will contact
you if all or any portion of your membership or order is canceled
or if additional information is required. If your membership
and/or order is canceled after your credit card has been charged,
we will issue a credit to your credit card in the amount of
the charge. While TMRC strives to provide accurate product
and pricing information, pricing or typographical errors may
occur. TMRC cannot confirm the price of information, pricing
or typographical errors may occur. TMRC cannot confirm the
price of an item until after you order. In the event that
an item is listed at an incorrect price or with incorrect
information due to an error in pricing or product information,
TMRC shall have the right, at our sole discretion, to refuse
or cancel any orders placed for that item. In the event that
an item is mispriced, TMRC may, at our discretion, either
contact you for instructions or cancel your order and notify
you of such cancellation. Prices and availability are subject
to change without notice.
III. WARRANTY DISCLAIMER
THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TMRC DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED
OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL,
FACTUAL ERRORS, OR TECHNICAL INACCURACIES. TMRC PROVIDES NO
WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS,
OR THAT THE SITEAS SERVER WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
IV. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL TMRC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF TMRC HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL
TMRC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE
WHICH THE CLAIM AROSE.
V. THIRD PARTY LINKS
The links from the TMRC website to the World Wide Web provide
access to information from a variety of sources. The presence
of these links is not an endorsement of any product or information
available from other sources. TMRC disclaims any and all responsibility
for the information which is accessible through this web site,
and assumes no liability associated therewith. We make no
warranty, guarantee, or representation, express or implied,
with respect to the accuracy, effectiveness, or usefulness
of any information, methods, or materials that are available,
or described herein. TMRC does not assume any liability for
the use of any information, methods, or materials found herein
or for damages arising from such use, nor assume any responsibility
for any injury to individuals or property, or for any financial
loss, sustained as a result of the use or application of the
information, methods, or materials that are available, or
described, in our links to other sites. TMRC has no control
over the resources that can be accessed from our website.
VI. USER INPUT
Unless otherwise provided in the Terms and Conditions, any
communication, material or feedback with regard to contents
on this Site transmitted by a user of this Site via electronic
mail or otherwise, including any data, questions, or comments
regarding the content of any document or other information
contained on this Site, shall be deemed to be non-confidential
and TMRC shall have no obligation of any kind with respect
to such information and shall be free to reproduce, use, disclose
and distribute the information to others without limitation.
VII. TRADEMARKS AND COPYRIGHTS
All trademarks relating to the Site, including “Tim
McAmis Race Cars” or “timmcamis.com” is
the sole property of TMRC. In addition, other names, logos,
characters and images on the Site are the trademarks of TMRC
or their respective owners. You agree not to use any trademark
located on the Site for any purpose without the prior written
consent of TMRC or the appropriate trademark owner. All content,
including but not limited to, articles, stories, images, video,
graphics, sounds, software, and source code on the Site is
subject to copyright protection and may not be displayed,
reproduced, modified, or used in any way except as expressly
permitted by these Terms and Conditions, or with the prior
written permission of TMRC.
VIII. PRIVACY
For an explanation of TMRC=s practices and policies related
to the collection, use and storage of our online guests’
information, please read our Privacy
Policy.
IX. INDEMNITY
You agree to defend, indemnify, and hold harmless TMRC and
its affiliates from and against any and all claims, damages,
costs and expenses, including attorneys’ fees, arising
from or related to your use of the Site.
X. JURISDICTIONAL ISSUES
This agreement shall be governed by, construed and enforced
according to the laws of the state of Missouri. You expressly
consent to the venue and jurisdiction of state courts located
within Lincoln County, Missouri.
XI. SEVERABILITY, INTEGRATION AND AMENDMENT
If any provision of the Terms and Conditions shall be held
to be unlawful, void, or unenforceable for any reason, that
provision shall be enforced to the maximum extent possible
but will otherwise be severable from the Terms and Conditions
and shall not affect the validity or enforceability of any
remaining provisions. The provisions of the Terms and Conditions
and each right and obligation referenced herein represent
the entire agreement between you and TMRC, its affiliates
or related entities. The Terms and Conditions shall supersede
any prior agreements or understanding not incorporated herein.
These Terms and Conditions may not be amended, waived, modified,
or terminated by any subsequent action unless set forth in
a revised Terms and Conditions posted on this Site by TMRC.
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