Terms of Service

Your access to and use of the Eliminator-RC 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 e-mailing Eliminator-RC. THE USE OF OUR WEB SITE BY CHILDREN Children under the age of 13 are not permitted to register to use the interactive features of our web site such as signing up for e-mail notifications, online sweepstakes, or any other features which collect personal information. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17. WEB SITE CONTENT All content on the Eliminator-RC web site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Eliminator-RC and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Eliminator-RC subject to license, or subject to the fair use provisions of Canadian trademark law. Users of the Eliminator-RC web site are expressly forbidden to misuse any Eliminator-RC content or any third party content that appears on the web site. 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 Eliminator-RC, in any manner that is likely to cause confusion among consumers, that disparages or discredits Eliminator-RC and/or its licensors, that dilutes the strength of Eliminator-RC or its licensors' property, or that otherwise infringes Eliminator-RC or its licensors' intellectual property rights. REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENT Eliminator-RC makes no representations about the reliability of the features of the Eliminator-RC web site, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Eliminator-RC makes no representations regarding the amount of time that content on its site will be preserved.

OUR WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO OUR WEB SITE OR ANY INFORMATION OR SOFTWARE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Eliminator-RC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR WEB SITE, NOR SHALL Eliminator-RC 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 Eliminator-RC ' 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 Eliminator-RC ' 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.

You agree to indemnify and hold Eliminator-RC, 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 or Policies and Procedures, 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. Both you and Eliminator-RC acknowledge and agree that no partnership is formed and neither of you nor Eliminator-RC 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 Province of Manitoba.