By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, you may not use this Site. The Little Blue Choo Choo reserves the right, at any time, without notice, to modify or update these Terms of Use, and use of this Site after any change to these Terms of Use constitutes your acceptance to be bound by such modifications or updates. Users are advised to read these Terms of Use each time they access the Site for any changes.
Use Of Site
Little Blue Choo Choo grants you a limited, revocable, and non-exclusive license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Little Blue Choo Choo. This license does not include any resale or commercial use of this Site or its content; any collection and use of product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and terminates permission or license granted by Little Blue Choo Choo. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Little Blue Choo Choo. Little Blue Choo Choo makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Online Sales to Children
Little Blue Choo Choo does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use MyFavoriteToys.com only with the involvement of a parent or guardian.
Electronic Communications
When you visit Little Blue Choo Choo or send e-mail to us, you are communicating with us electronically. You consent to receive communications from Little Blue Choo Choo electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Comments, Testimonials, and Suggestions
If you submit comments or suggestions to the Site, you grant Little Blue Choo Choo and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, market, distribute, and display such comments, testimonials, and suggestions throughout the world in any media. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Little Blue Choo Choo or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, without any compensation to you. Notwithstanding the foregoing, all personal data provided to Little Blue Choo Choo will be handled in accordance with Little Blue Choo Choo’s Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, invasive of privacy, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, or that Little Blue Choo Choo deems inappropriate in its sole discretion. You also grant Little Blue Choo Choo and its affiliates and sub-licensees the right to use the name that you submit with any review or comment, if any, in connection with such comments, testimonials, and suggestions. You will indemnify Little Blue Choo Choo and its affiliates for any and all claims and liabilities resulting from content you supply. Little Blue Choo Choo has the right, but not the obligation, to monitor and edit or remove any activity or content. Little Blue Choo Choo takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright
Little Blue Choo Choo holds exclusive property rights to the compilation (meaning the collection, arrangement, and assembly) of all content on this Site and is protected by U.S. and international copyright laws. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Little Blue Choo Choo or its content suppliers and is protected by U.S. and international copyright laws. All software used on this Site is the property of Little Blue Choo Choo or its software suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. You also may not, without Little Blue Choo Choo’s permission, "mirror" any material contained on this Site on any other server.
Trademarks
All trademarks, service marks, brand names, and trade names on this Site are proprietary to Little Blue Choo Choo or other respective owners that have granted Little Blue Choo Choo the right and license to use such trademarks, service marks, brand names, and trade names. 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 Little Blue Choo Choo and its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing Little Blue Choo Choo's name or trademarks without the express written consent of Little Blue Choo Choo.
Disclaimer of Warranties
Little Blue Choo Choo does not represent or warrant that the information accessible via this Site is accurate, complete, reliable or current. Price and availability information is subject to change without notice. Furthermore, to the maximum extent permitted by law, Little Blue Choo Choo disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
Limitation On Liability
In no event, including, but not limited to, negligence, shall Little Blue Choo Choo be liable for any direct, indirect, special punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if Little Blue Choo Choo has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from or linked to this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If your use of materials from this Site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Cookies
Cookies are files that your Internet Web browser places on your computer's hard drive. Little Blue Choo Choo uses cookies to provide you with personalized service. For example, cookies keep track of items you put into your shopping cart and whether you've visited our site previously. Cookies also help us run our business better by helping us determine how users find our site and how many visitors we have. We do not use cookies to collect personal information about you without your knowledge.
Order Acceptance
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Little Blue Choo Choo reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Sites and Linking
This Site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("external sites"). By using the Little Blue Choo Choo Site, you acknowledge that Little Blue Choo Choo is not responsible for the availability of, or the content located on or through, any external site. If you should have any concerns regarding such links or the content located on such external sites, please contact the Webmaster for those external sites directly. Little Blue Choo Choo permits third party links to its Site provided that Little Blue Choo Choo is provided with advance notice of such links and does not thereafter object to such linking. If you would like to link to our Site, you must receive prior written consent from Little Blue Choo Choo. You many contact us at info@littlebluechoochoo.com.
Applicable Law
By visiting Little Blue Choo Choo, you agree that the laws of the state of Arizona shall govern these Terms of Use, your use of the Site, and any dispute of any sort that might arise between you and Little Blue Choo Choo or its affiliates, without regard to conflicts of law. Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your use of the Site. Little Blue Choo Choo reserves the right to make changes to the Site, policies, and these Terms of Use at any time, without notice. If any of these Terms of Use shall be deemed invalid, void, or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
Terms of Use revised September 15, 2005.
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