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Please read so that you do not violate
laws concerning copyright material contained on this site.
Legal Notice
You may be subject to legal actions
if you use materials or web pages that appear on the Theultimatecartoys.com
web site, and bear the Theultimatecartoys.com copyright, for commercial
or other purposes, without the express written permission of Theultimatecartoys.com.
We will prosecute violators to the full extent allowed under State
and/or Federal law(s). Utilizing spidering and other technology,
we search the web on an ongoing basis to detect the use of any materials
that were created by Theultimatecartoys.com.
Theultimatecartoys.com (Hereinafter referred
to as "ULTIMATE") is an online website containing information
received from many sources and therefore does not make any claims
of accuracy. In no event shall ULTIMATE be liable for loss or damages
of any nature arising out of or in any way connected with such information,
including but not limited to, special, consequential, indirect or
punitive damages. ULTIMATE shall not be liable for errors, omissions
or other wrongful conduct of any third party or any provider of
information on its web site. The foregoing shall apply to the full
extent permitted by law. Theultimatecartoys.com is a registered trademark
of ULTIMATE, All Rights Reserved. All contents Copyright © 2007
Theultimatecartoys.com.
This site is offered to you (referred
to as "you" or "user") on the condition that
you accept all of these terms of use. By using this site, you agree
to abide to these terms. If you do not agree to these terms, please
discontinue your use of this site immediately. ULTIMATE reserves
the right to change these terms at any time by publishing a revised
version of this Agreement on the site. You are responsible for regularly
reviewing these terms. Continued use of the site following any such
change means you accept and will abide by the change.
PLEASE ADHERE TO THE FOLLOWING TERMS
AND CONDITIONS OF SITE USE. You may not copy, reverse enginer, translate,
port, distribute or transmit (except, within your business or organization),
modify, reuse, report, or use the contents of the Site for public
or commercial purposes, including the text, images, audio, and video
without ULTIMATE's written permission. You should assume that all
material on the Site is protected by copyright unless otherwise
noted and may not be used except as permitted in these Terms and
Conditions or in the text on the Site. Your use of the Site is at
your risk. ULTIMATE makes no warranties or representations as to
its accuracy and ULTIMATE specifically disclaims any liability or
responsibility for any errors or omissions in the content on the
Site. Neither ULTIMATE nor any other party involved in creating,
producing, or delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your
access to, or use of, or inability to use or access, the Site. Where
ULTIMATE may offer information on this site, or through links to
other web sites, such information is provided to you "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITTLE, AND NON-INFRINGEMENT.
You assume the entire risk of loss
in using the site and materials contained therein. Please note that
some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the exclusion
of implied warranties. Features and specifications of products or
services described or depicted on the Site are subject to change
at any time without notice. ULTIMATE assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of any materials,
data, text, images, forms, video, or audio from the Site. ULTIMATE
does not wish to receive any product, marketing, advertising or
other ideas that are not covered by issued United States patents.
If you send any communications or materials to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like, all such communications are, and will be treated as,
non-confidential and non-proprietary.
Anything you transmit or post may be
used by ULTIMATE or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, ULTIMATE is free to use, without
any compensation to you, any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products and/or services using such information. Materials
displayed on the Site are either the property of, or used with permission
by, ULTIMATE. The use of these materials by you, or anyone else
authorized by you, is prohibited unless specifically permitted by
these Terms and Conditions or specific permission is provided elsewhere
on the Site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil
and criminal statues. From time to time the Site may refer to services
and/or products that are available for purchase in the 50 continental
United States and Alaska but may not be available in your particular
country or locality. The reference to any such products and/or services
services displayed on this Site does not imply or warrant that these
services will be available at any time in your particular locality.
You should therefore check with an ULTIMATE representative for specific
service or product availability in your locality by sending us an
e-mail or phoning us.
ULTIMATE is not responsible for the
content of any site linked to or from our web Site. Your linking
to any other site is entirely at your own risk. While ULTIMATE may
provide links on this Site to other sites, the inclusion of such
links is for your convenience only and should not be interpreted
as an endorsement of the owner/sponsor of the site or the content
of the site. ULTIMATE disclaims all warranties, express and implied,
as to the accuracy, validity, legality or otherwise of any materials
or information contained on such sites. ULTIMATE may at any time
revise these Terms and Conditions by updating this posting. Since
you are bound by these Terms and conditions, you should therefore
periodically visit this page, by clicking the Legal and Copyright
hyperlink at the bottom of the ULTIMATE Web pages, to review the
then current Terms and Conditions. In no event shall ULTIMATE and/or
its licensors be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data
or profits or the inability to use data, whether in an action of
contract, negligence or other tortious action, arising out of or
in connection with the use of the site or failure or inability to
use or access the site. If ULTIMATE's disclaimer of warranties or
limitation of liability set forth herein is held unenforceable or
inapplicable, you agree that ULTIMATE's liability shall not exceed
$500. These Terms and Conditions are to be governed by and construed
in accordance with the law of the State Of New York, United States
of America, without reference to its conflicts of law rules.
ULTIMATE may also from time to time
place E-Mail links on the Site, which are solely to enable site
visitors to communicate by E-Mail with various third parties. ULTIMATE
accepts no responsibility for the opinions and information conveyed
to visitors by any third parties. ULTIMATE disclaims all warranties
with regard to information disseminated by third party(s). In no
event shall ULTIMATE be liable for any special indirect or consequential
damage or any damages whatsoever resulting from loss of use, data
or profits arising out of any information posted on Theultimatecartoys.com.
This page may contain other proprietary
notices and copyright information, the terms of which must be observed
and followed. IN NO EVENT WILL ULTIMATE BE LIABLE TO ANY PARTY OR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THIS WEBSITE OR INABILITY TO ACCESS THIS WEBSITE, OR
ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE
ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ULTIMATE'S
DISCLAIMER OF WARRANTY OR LIMITATION OF LIABILITY SET FORTH HEREIN
IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT ULTIMATE'S
LIABILITY SHALL NOT EXCEED $500. INFORMATION ON THIS WEB SITE, NOW
OR IN THE FUTURE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
ULTIMATE information about ULTIMATE
privacy practices on the Web
At ULTIMATE, we intend to give you as much control as possible over
your personal information. In ULTIMATE, you can visit ULTIMATE on
the Web without telling us who you are or revealing any information
about yourself. There are times, however, when we may need information
from you, such as when we require your personal information to respond
to requests for services information and/or price quotes. It is
our intent to let you know before we collect personal information
from you on the Internet. If you choose to give us personal information
via the Internet that we may need -- to correspond with you, --
it is our intent to let you know how we will use such information.
If you tell us that you do not wish to have this information used
as a basis for further contact with you, we will respect your wishes.
We do maintain records of the domains from which people visit us.
We analyze this data for trends and statistics, and then we discard
it. We have implemented these practices for the ULTIMATE Home Page
(www.Theultimatecartoys.com).
We are also instructing our employees
to include information on privacy practices everywhere information
is collected on the ULTIMATE site, tailored to what that portion
of the site does and reflecting the practices outlined here. There
is a technology called "cookies" which can be used to
provide you with tailored information from a Web site. A cookie
is an element of data that a Web site can send to your browser,
which may then store it on your system. None of the ULTIMATE
pages use cookies. In any event, when you visit any web site,
you can set your browser to notify you when you receive a cookie,
giving you the chance to decide whether to accept it. If you have
any questions or comments about our privacy, trademark or any practices
or legal issues, you can contact us at
(925) 828-7200.
Pop-Up Content & Ownership
Theultimatecartoys.com reserves the right link to various other web
sites for the benefit of our site visitors, who are then able to
view various services and products with a minimum of web surfing.
We often present this material in a "pop-up" page format.
When you click on a pop-up link on our site the "linked"
web site then appears in a new pop-up browser window located on
the Theultimatecartoys.com web site. Sites we link to in pop-ups are
the exclusive owner of their site content, and all trademarks and
copyrights. Neither ULTIMATE or its partners or affiliated companies
owns any of this linked site content. This is true for most links
on our site with the exception of those links to areas owned exclusively
by ULTIMATE. In some cases, we might enter into "affiliate or
other agreements & permissions" with a site we link to.
There may also be other links on our site. The operators of these
sites (if any) are the exclusive owners of all site content.
When you click on any pop-up link,
it is possible that an ad banner might apppear.
ULTIMATE is not affiliated with these advertisers in any way, nor
do we profit from the display of such ads.
If you wish any further information
as to our site policies and procedures, feel free to contact us
at: (925) 828-7200.
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