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Speed Collectibles Terms & Conditions

Use of the Speed Collectibles web site constitutes acceptance of the following terms and conditions (this “Agreement”) by each SPEEDCOLLECTIBLES.COM user.

  1. DEFINITIONS. "SPEEDCOLLECTIBLES.COM" is the interactive on-line service operated by ROBIDIGITAL on behalf of Speed Collectibles on the World Wide Web of the Internet, consisting of information services and content provided by Speed Collectibles, affiliates of Speed Collectibles, and other third parties. "User" means each person who establishes or accesses a connection for access to and use of SPEEDCOLLECTIBLES.COM. “Member” means a person who has been approved for membership in SPEEDCOLLECTIBLES.COM.

  2. GENERAL. This Agreement, which incorporates by reference other provisions applicable to use of SPEEDCOLLECTIBLES.COM, sets forth the terms and conditions that apply to use of SPEEDCOLLECTIBLES.COM. By using SPEEDCOLLECTIBLES.COM, User agrees to comply with all of the terms and conditions hereof. The right to use SPEEDCOLLECTIBLES.COM is personal to User and is not transferable to any other person or entity.
    Should User apply for and receive membership in SPEEDCOLLECTIBLES.COM, Member is responsible for all use of Member's Account (under any screen name or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's password(s), if any. Speed Collectibles shall have the right at any time to change or discontinue any aspect or feature of SPEEDCOLLECTIBLES.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

  3. CHANGE IN TERMS. Speed Collectibles shall have the right at any time to change or modify the terms and conditions applicable to User’s or Member’s use of SPEEDCOLLECTIBLES.COM, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SPEEDCOLLECTIBLES.COM, or by electronic mail, or by any other means by which User or Member obtains notice thereof. Any use of SPEEDCOLLECTIBLES.COM by User or Member after such notice shall be deemed to constitute acceptance by User or Member of such changes, modifications, or additions.

  4. EQUIPMENT. User/Member shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of SPEEDCOLLECTIBLES.COM and all charges related thereto.

  5. USER/MEMBER CONDUCT
    a.
    User/Member shall use SPEEDCOLLECTIBLES.COM for lawful purposes only.
    b.
    SPEEDCOLLECTIBLES.COM contains copyrighted material, trademarks and other proprietary information. The entire contents of SPEEDCOLLECTIBLES.COM are copyrighted as a collective work under the United States copyright laws. SPEEDCOLLECTIBLES.COM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User/Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
    c.
    User/Member shall not submit any material for posting on SPEEDCOLLECTIBLES.COM that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User/Member. User/Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SPEEDCOLLECTIBLES.COM, User/Member automatically grants, or warrants that the owner of such material has expressly granted, SPEEDCOLLECTIBLES the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User/Member also permits any other User/Member to access, view, store or reproduce the material for that User’s/Member's personal use. User/Member hereby grants SPEEDCOLLECTIBLES.COM the right to edit, copy, publish and distribute any material made available on SPEEDCOLLECTIBLES.COM by User/Member.
    d.
    The foregoing provisions of Section 5 are for the benefit of SPEEDCOLLECTIBLES.COM and each of their respective affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  6. MEMBER BENEFITS. Membership in Speed Collectibles (the “Program”) provides customers with the following benefits and has the following terms and conditions.
    a.
    One 10% discount coupon, which will be issued at the time membership is accepted, that is redeemable for 10% off the retail price of one item. Coupon will expire 30 (thirty) days from the date of issuance.
    b.
    Special offers in store and in your email inbox, including coupons and discounts that are made available only to Speed Collectibles Members.
    c.
    Member must provide a valid email address to receive all benefits associated with the Program. No purchase necessary to become a Member. Member must be a legal resident of the United States or Puerto Rico and be 18 years of age or older to participate in the Program.
    d.
    Speed Collectibles Membership is non-transferable and may only be used by an individual Member for Member’s personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Speed Collectibles may request proper identification with regard to Program transactions. Member benefits will not be applied retroactively to any prior purchase.
    e.
    Changes to the Program terms and conditions will be posted to the SpeedCollectibles.com web site. Continued use of Member’s membership constitutes acceptance of any amendment to the Program. Speed Collectibles may terminate the Program at any time. Member shall forfeit all unredeemed coupons or discounts as of the termination date. Member may terminate membership at any time.

  7. MEMBER PRIVACY. By becoming a Member of Speed Collectibles, you agree to receive advertising, marketing materials, and other communications from Speed Collectibles. Your personal information will be held in accordance with the Speed Collectibles Privacy Policy.

  8. NO WARRANTY. SPEED COLLECTIBLES AND THEIR AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT SPEEDCOLLECTIBLES.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SPEEDCOLLECTIBLES.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SPEEDCOLLECTIBLES.COM OR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MEMBERSHIP OR ANY PRODUCTS OR SERVICES RELATED THERETO.

  9. RELEASE OF LIABILITY. RELEASE APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER/MEMBER SPECIFICALLY ACKNOWLEDGES THAT SPEEDCOLLECTIBLES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER OR MEMBER. USER OR MEMBER HEREBY RELEASES SPEED COLLECTIBLES, THEIR AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO MEMBER’S SPEED COLLECTIBLES MEMBERSHIP OR THIS AGREEMENT.

  10. INDEMNIFICATION. User/Member agrees to defend, indemnify and hold harmless SPEED COLLECTIBLES, their respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SPEEDCOLLECTIBLES.COM by User/Member or Member's Account.

  11. MISCELLANEOUS. This Agreement and any operating rules for SPEEDCOLLECTIBLES.COM established by Speed Collectibles constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. Speed Collectibles and User/Member agree that any dispute, claim, or controversy arising from or relating to this Agreement shall be resolved by binding arbitration conducted in the State of Maryland. Speed Collectibles and User/Member acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. Speed Collectibles and Member understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Agreement shall be consolidated with any other arbitration. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

© 2006 Speed Collectibles

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