TERMS & CONDITIONS
RCR WEB STORE
TERMS AD CONDITIONS OF USE
RCR Enterprises, LLC, a North Carolina limited liability company (“RCR”), owns and operates
this Web site (this “Site”) and makes it available for the visitor’s use solely upon these terms and
“Agreement”) carefully before using this Site. If you visit or shop at RCRstore.com, you accept
these Terms. If you have any questions, comments or concerns about this Agreement, you may
contact RCR at email@example.com or 336-731-3389
We reserve the right to make changes to these Terms at any time by posting updated versions of
unenforceable, such Terms shall be severed and not affect the enforceability of the remaining
Terms. Each time you use this Site, you should access and review our then-current Terms,
which apply to your use of this Site and any transactions you make while on this Site. If you do
not agree with these Terms or if you are dissatisfied with the Site’s content, you agree that your
sole and exclusive remedy is to discontinue using the Site.
Accounts; Passwords; Security. If you to open an account on this Site, you must complete the
registration process by providing us with current, complete and accurate information as
prompted by the applicable registration form. You agree to provide and maintain true, accurate
and complete information in connection with our account registration prompts (collectively
“User Data”). You then will choose a user name and password. You are entirely responsible for
maintaining the confidentiality of your password and account and the accuracy of your User
Data. You will be responsible for all activities entered through your user name and password,
and any requests so received by RCR will be deemed to have been received from you. You may
not use anyone else’s account at any time without the permission of the account holder. You
agree to promptly notify us at firstname.lastname@example.org of any unauthorized use or access of
User Data or of any other breach of security you learn of involving this Site.
Products. All products, product specifications and prices described or displayed on this Site are
subject to change at any time without notice. Although RCR makes commercially reasonable
efforts to describe or display each product accurately, RCR does not warrant that product
descriptions or depictions or other content on this Site are accurate, complete, reliable, current or
error-free. The color you see on your monitor, for instance, depends on your computer system,
and we cannot guarantee that your computer displays colors accurately. The inclusion of any
products on this Site does not warrant that such products are available at a particular time.
Pricing and Sales Tax Policy. All prices listed on this Site are in U.S. dollars. Prices and
availability of products and services linked to coupons or specials may change due to market
conditions and without notice. We endeavor to avoid errors in pricing and product information.
Nonetheless, errors occur and will be corrected when discovered. RCR reserves the right to
withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an
order has been submitted and whether or not the order has been accepted. RCR collects and
remits sales tax as required under North Carolina law.
Sales to Minors. This is a general audience site and is not intended for use by minors. Minors
should not use this Site without permission or involvement of an adult. Minors are prohibited at
all times from using this Site to purchase products designated as adult collectibles or bearing
Shipping. Purchases will be shipped to the address the visitor designates as long as that address
complies with the shipping restriction contained on this Site. All purchases made through this
Site are made pursuant to a shipment contract. Risk of loss and title for items purchased pass to
you upon our delivery of the items to the carrier. The consumer is responsible for filing any
claims with carriers for damaged or lost shipments.
Cancellations; Returns. Once a customer order has been processed and shipped by or on behalf
of RCR, it cannot be cancelled. Exception: Orders for die-cast products can be cancelled prior to
shipment of the goods to the customer. Returns of goods in original condition up to 14 days
following receipt by customers are accepted for credit toward future purchases only.
Trademarks; Copyrights. Certain registered and unregistered trademarks, logos and trade dress
and certain trade names displayed on this Site are owned by RCR, its affiliates, its sponsors or
others. Nothing contained on this Site grants or should be construed as granting any license or
right to use any trademarks, logos, trade dress or trade names displayed here for any public or
commercial purpose. The compilation of all content on this Site is the exclusive property of
RCR and protected by U.S. copyright law and international copyright treaties. All software used
in conjunction with the operation of this Site and provision of services to visitors is the property
of RCR or its software suppliers and is protected by U.S. copyright law and international
DISCLAIMER OF WARRANTIES. THIS SITE AND ALL ASSOCIATED SERVICES ARE
PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RCR
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, FREEDOM FROM
INTERRUPTION OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT AND THE ACCURACY OF THE CONTENT AND
MATERIALS PROVIDED THROUGH THE SERVICES.
LIMITATION OF LIABILITY. RCR AND ITS MEMBERS, MANAGERS, EMPLOYEES,
AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF
USE, PROFIT, REVENUE OR DATA ARISING FROM THE VISITOR’S USE OF THE SITE
OR ANY OF THE SERVICES OR CONTENT ACCESSED THROUGH OR DOWNLOADED
FROM OF THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS
OF WHETHER (X) A VISITOR BASES A CLAIM ON CONTRACT, TORT, STATUTE OR
ANY OTHER LEGAL THEORY; (Y) RCR KNEW OR SHOULD HAVE KNOWN ABOUT
THE POSSIBILITY OF SUCH DAMAGES; OR (Z) THE LIMITED REMEDIES PROVIDED
IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
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, and you may have additional rights.
Links; Linking. From time to time this Site may contain links to Web sites that are not owned,
operated or controlled by RCR. All such links are provided solely for the visitor’s convenience.
When linking to other Sites, you will be leaving this Site. Neither RCR nor any of its affiliates
or sponsors are responsible for any content or services located on or accessible from any other
Web site or endorse, guarantee or make representations or warranties regarding such Web sites
or the content or services located there. If you access any other Web site linked to or from this
Site, you do so at your own risk.
Download Limitation; Other Restrictions. You may only download Content displayed on this
Site for noncommercial, personal use, provided you also retain all copyright, trademark and other
proprietary notices contained in the Content; do not modify, alter, transfer or sell the Content;
and do not copy or post the Content on any network computer or broadcast the material in any
medium, including social media Web sites or other media. It is strictly prohibited to modify,
transmit, distribute, reuse, repost, “frame” or use the Content of this Site, including the text,
images, audio and/or video for public or commercial purposes without prior written permission
from an authorized representative of RCR. It is strictly prohibited to download the images of the
products for sale on this Site. You may not (a) engage in harvesting of e-mail addresses or other
personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding,
overloading, spidering, “screen scraping,” “database scraping” or any other activity with the
purpose of obtaining lists of users or other information; (b) send chain letters or pyramid
schemes via this or any other RCR Web site; (c) decompile, disassemble or reverse-engineer any
RCR Web site or any portion thereof; or (d) attempt to gain unauthorized access to any RCR
Web site, any portion thereof or any other computer servers or systems through any RCR Web
site. You agree that you will not use any RCR Web site in any manner that could damage,
disable, overburden or impair this Site or interfere with any other individual’s use and enjoyment
of this Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through this Site.
Visitor Content Posted to This Site. Other than personally identifiable information, which is
to this Site (“Visitor Content”) will be considered nonconfidential and nonproprietary. You
represent and warrant that (1) you own or otherwise control all of the rights to any Visitor
Content that you post to the Site; (2) the Visitor Content is accurate; (3) use of such Visitor
Content shall not violate these Terms and shall not cause injury to any person or entity. You
indemnify RCR from all claims resulting from the Visitor Content that you post. You may not
use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin
of Visitor Content that you post. RCR may without compensation or consideration of any kind
use any or all Visitor Content for any purpose whatsoever, including, without limitation,
reproduction, distribution, display, performance or creation of derivative works based on such
Visitor Content for any commercial or noncommercial purpose. You grant RCR and its
licensees the right to use the personal name that you submit in connection with Visitor Content if
they choose to do so. RCR may, but shall have no obligation to, use, return, review or respond to
any Visitor Content. RCR shall not have any liability with respect to Visitor Content whether or
not arising under the laws of copyright, libel, privacy, obscenity or otherwise. RCR retains the
right to remove any or all Visitor Content that includes any material that RCR, in its sole
discretion, deems inappropriate or unacceptable.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other
applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our
sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole
discretion, limit access to this and any other RCR Web sites or any users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
Applicable Law. It is the visitor’s responsibility to ascertain and obey all applicable local, state
and federal law (including minimum age requirements) in regard to the possession, use or sale of
any item purchased from this Site.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the United States of America and the State of North Carolina, without reference
to the conflicts of laws rules of such State. All disputes arising under or in connection with this
Agreement shall be adjudicated exclusively in the state or federal courts of North Carolina. Each
of the parties acknowledges that personal jurisdiction and venue shall be proper in such courts,
expressly consents to such exclusive jurisdiction and venue and waives any defense based upon
forum non conveniens or lack of personal or subject matter jurisdiction.
Last updated: October 17, 2012