Terms & Conditions
Michael's RC Hobbies LLC / michaelsrchobbies.com
We accept Credit Cards (Visa, Mastercard, AMEX, Discover), Paypal as forms of payment. There is no surcharge for using your credit card, Paypal when making a purchase online. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order and your order to be rejected. We Only Ship to the Billing Address of the form of Payment.
For further questions regarding payment policies please email us at [email protected]
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Sites. The terms “you” and “your” refer to you, as a user of the Sites. The terms “we,” “us,” “our,” or “Michael's RC” refer to Michaelsrchobbies.com, Inc., an LLC, doing business as Michael's RC Hobbies.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our Sites (as defined below). “User Content” means Content that you submit or transmit to or through the Sites, such as reviews, compliments, invitations, advice, and information that you display. “Michael's RC Content” means Content that we create and make available on the Sites. “Third Party Content” means Content that is made available on the Sites by parties other than Michael’s RC or its users, such as data providers who license data to Michael's RC for use on the Sites.
By using one or more of our Sites you promise that you are at least 18 years of age. If you are not yet 18 years old (a “Minor”), you must have the permission of an adult to use our Sites and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Sites. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold Michael's RC harmless if the Minor breaches any of these Terms.
When you are required to open an account to use or access the Sites or to purchase goods or products via the Sites, you must complete the account registration process by providing the complete and accurate information requested on the My Account Information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Michael's RC immediately of any unauthorized use of your account or password. Michael's RC shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Michael's RC, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
When accessing or using the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.
5. LICENSE OF SOFTWARE. Michael's RC may make certain software available to you from the Sites. If you download such software from the Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Michael's RC, for your personal and noncommercial use only. Michael's RC does not transfer either the title or the intellectual property rights to the Software, and Michael’s Rc retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.
6. USER CONTENT. You grant Michael's RC a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Sites, you are granting Michael's RC, its affiliates, officers, directors, employees, consultants, agents, and representatives an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
You will not be compensated for any User Content. You agree that Michael's RC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and that you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content.
You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
7. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(7.1) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(7.2) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
(7.3) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(7.4) solicits or is designed to solicit personal information from or about any minor;
(7.5) contains information that poses or creates a privacy or security risk to any person;
(7.6) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(7.7) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming,” or “spamming”;
(7.8) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
(7.9) solicits or is designed to solicit passwords or personal identifying information from other Users;
(7.10) involves commercial activities and/or sales without prior written consent from Michael's RC;
(7.11) is known by you to be false, inaccurate, or misleading
(7.12) includes a photograph or video of another person that you have posted without that person’s consent; or
(7.12) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
8. PROHIBITED CONDUCT. When using the Sites and Services, you agree to abide by common standards of decency and act in accordance with the law. For example (and not by way of limitation, when using the Sites and Services you agree not to engage in the following activities:
(8.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Sites;
(8.2) using the Sites in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(8.3) using the Sites to promote bigotry or discrimination;
(8.4) using the Sites to solicit personal information from minors or to harm or threaten to cause harm to minors;
(8.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by Michael's RC in a product review, placing links to blogs with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;
(8.6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
(8.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(8.8) attempting to probe, scan, or test the vulnerability of the Sites or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites or Service;
(8.9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(8.10) using the Sites to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
(8.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
(8.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Michael's RC in providing the Sites;
(8.13) using the Sites for keyword spamming or to otherwise attempt to manipulate natural search results;
(8.14) recording, processing, or mining information about other users;
(8.15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Sites or Service for the purposes of sending unsolicited or unauthorized material;
(8.16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Michael's RC Services other than your User Content which you legally post on, through or in connection with your use of the Sites;
(8.17) providing or using “tracking” or monitoring functionality in connection with the Sites or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Sites;
(8.18) interfering with, disrupting, or creating an undue burden on the Michael's RC Sites or the networks or services connected to the Michael's RC Sites;
(8.19) impersonating or attempting to impersonate Michael's RC or a Michael's RC employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(8.20) using or distributing any information obtained from Michael's RC Sites in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(8.21) using invalid or forged headers to disguise the origin of any Content transmitted to or through Michael's RC computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(8.22) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(8.23) using the Sites in a manner inconsistent with any and all applicable laws and regulations.
Michael's RC assumes no responsibility for monitoring the Sites for prohibited Content or conduct. If at any time Michael's RC chooses, in its sole discretion, to monitor the Sites, Michael's RC assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Sites or of any prohibited Content or conduct, please report it to Michael's RC by clicking on the “Contact Us” link in the bottom footer of the applicable Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.
10. INTELLECTUAL PROPERTY OWNERSHIP. All Michael's RC Content included on the Sites and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Michael's RC and is protected by the U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Michael's RC and protected by U.S. and international copyright laws. All software used on this site is the property of Michael's RC or its software suppliers and protected by the United States and international intellectual property laws. Third-Party Content, trademarks, names, and logos on our Sites are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Michael's RC our licensors or any of our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Michael's RC name or trademarks without the express written consent of Michael's RC. You may not use any direct linking or source-calling of any media presented on the Sites.
11. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Michael's RC has procedures in place to address allegations of copyright and other forms of intellectual property infringement occurring on the Sites. Michael's RC policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Michael's RC to delete, edit, or disable the material in question, you must provide Michael's RC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Michael's RC to locate the material; (d) information reasonably sufficient to permit Michael's RC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Michael's RC designated agent at:
Copyright Infringement Agent
Michael's RC Hobbies
451 E Altamonte Dr.
Altamonte Springs Fl. 32701
1-407-634-8909 (Main phone)
12. PRICING OR TYPOGRAPHICAL ERRORS. Michael's RC strives to provide accurate service and pricing information, but inadvertent typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event that pricing is mispriced or misrepresented on an item, you have already ordered, Michael's RC may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and services are subject to change without notice.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
13. ACCEPTANCE OF ORDERS. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping and Returns” and/or “International Shipping” web pages of the Sites. Your order may be canceled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
14. ORDER QUANTITY LIMITATIONS. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” web page on the Sites.
15. NO WARRANTIES. MICHAEL'S RC HEREBY DISCLAIMS ALL WARRANTIES. MICHAEL'S RC IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICHAEL'S RC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MICHAEL'S RC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. LIMITED LIABILITY. MICHAEL'S RC’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MICHAEL’S RC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY MICHAEL'S RC. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
17. THIRD PARTY SITES. Michael’s Rc has no control over, and no liability for any third-party websites or materials. Michael’s RC works with a number of partners and affiliates whose Internet sites may be linked with the Sites. Because neither Michael's RC nor the Sites have control over the content and performance of these partner and affiliate sites, Michael's RC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Michael's RC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Michael's RC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
19. ELECTRONIC COMMUNICATIONS. By using our Sites, you consent to receive electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to our Sites and Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. DISPUTE RESOLUTION.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Michael's RC. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.