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Terms and Conditions of Use Agreement

(modified December, 2012)

Please read before using the FireBrand RC website>  This Terms and Conditions of Use Agreement sets forth the standards of use of the FireBrand RC™ Online Service for Registered Members. By using the www.firebrandrc.com™ website you (the Member) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.firebrandrc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service>  FireBrand RC is providing Member with a website where Member can purchase bodies, wheels, tires, decals, apparel and accessories for remote control. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties>  The site is provided by FireBrand RC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, FireBrand RC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. FireBrand RC shall have no liability for any interruptions in the use of this Website. FireBrand RC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability>  FireBrand RC shall not be liable for any damages whatsoever, and in particular FireBrand RC shall not be liable for any special, indirect, consequential, or incidental damages, or damages from loss of profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if FireBrand RC has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

Indemnification>  Member agrees to indemnify and hold FireBrand RC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

Members Account>  All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify FireBrand RC of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of FireBrand RC.

Modifications and Interruption to Service>  FireBrand RC reserves the right to modify or discontinue the Service with or without notice to the Member. FireBrand RC shall not be liable to Member or any third party should FireBrand RC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that FireBrand RC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites>  Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

Disclaimer Regarding Accuracy of Vendor Information>  Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While FireBrand RC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. FireBrand RC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of Texas Courts>  Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.

Compliance with Laws>  Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark information>  All content included or available on this site, including site design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, interfaces, and the selection and arrangements thereof is ©2012 www.firebrandrc.com, will all rights reserved, or is the property of FireBrand RC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FireBrand RC is strictly prohibited. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws. All logos/trademarks shown on this site are the property of the perspective trademark owners. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FireBrand RC. FireBrand RC™ and www.firebrandrc.com™ are proprietary marks of www.firebrandrc.com. FireBrand RC’s trademarks may not be used in connection with any product or service that is not provided by FireBrand RC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FireBrand RC. All other trademarks displayed on FireBrand RC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with FireBrand RC.

Disclaimer of Warranties and Limitation of Liability> This site is provided on an “as is” and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, this site’s owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site’s owner does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. This site’s owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Notification of Claimed Copyright Infringement>  Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.firebrandrc.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:  FireBrand RC, 12217 Ridgefair Place, Dallas, TX.  75234

By Telephone:  469-939-9400

By Email:  support@firebrandrc.com

Botnets>  FireBrand RC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FireBrand RC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms>  If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FireBrand RC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Orders take five business days to process at FireBrand RC. You will receive a confirmation e-mail. Weekend orders will be processed on Monday. If there is something missing or damaged in transit we will ship item to you free-of-charge.

 

Frequently Asked Questions

How does the order process work?>  Once you have chosen your products, you can view your basket and “Check Out”. Once in the check out menu, you will be directed to “Create an Account” or “Place Order without an Account”. Either way you will have to put in all your information. We recommend creating a user name and password for future orders.

What is your payment method?>  We take payments via PayPal® and online Credit Card transaction.

How long will it take to get my order?>  Orders usually take 5 to 10 working days (not including shipping time) Larger orders may take longer. International orders take 2 to 3 weeks. (not including shipping time)

What are your shipping methods?>  We ship orders via Fed Ex. We also use the USPS during certain circumstances, ie: odd size boxes, international or orders over 5 lbs.

Does the shipping I pay you include any customs, duties, or tax fees?>  No. International orders are subject to customs, duties, and taxes. They are not included in your shipping fee paid to us. You will need to pay any customs, duties, or tax fees to your local delivery person after your packages are processed by customs. FireBrand RC is unable to determine what your country may charge you for these fees. We suggest that customers contact their local customs department for further information on duties, taxes, or custom fees for their country.

Do I have to pay United States taxes?>  No. International orders are not taxable by the United States. However, if you reside in Texas you will be subject to an 8.25% state income tax.