Terms of Service
TrainFinder Online (TrainFinder.com, TrainDealers.com, ToyTrainExchange.com,
TrainShows.com, TFCCA.com, TrainRepair.com, TrainTrader.com and others) is a network of
online services provided and supported solely by the EsoTerra Software Corporation. Below
is TrainFinder Online's Terms of Service.
1. Services and Conditions of Use
Welcome to EsoTerra Software's terms of service for d/b/a
TrainFinder Online (the "Service")! As part of our service, the EsoTerra
Software Corporation ("ETS") agrees to provide you with information libraries,
e-mail service, bulletin boards, and other computer and train related services that
EsoTerra Software, Inc. may decide to offer, subject to the terms of this Agreement. Upon
notice published through the Service, EsoTerra Software may modify this Agreement at any
time. You agree and continue to agree to use EsoTerra Software Services in a manner
consistent with all applicable laws and regulations and in accordance with the terms and
conditions set out in the policies and guidelines outlined below. Please note that you
will be referred to as "Customer" from time to time in this Agreement.
2. Rules For Online Conduct for EsoTerra Software
Storefronts, Chatrooms And Bulletin Boards By using the Service, you agree that you
will not post any of the following material in Service storefronts, chatrooms, bulletin
boards, or other forums ("postings"):
- Material which defames, abuses or threatens others.
- Statements that are bigoted, hateful or racially offensive.
- Material that advocates illegal activity or discusses
illegal activities with the intent to commit them.
- Unauthorized copyrighted material.
- Material that contains vulgar, obscene or indecent language
- Advertising or any form of commercial solicitation.
- Material that does not pertain to the store, room, or
bulletin board's given topic.
Statements or postings which violate the above terms will
be deleted from postings upon discovery. Depending on the nature of the violation,
EsoTerra Software at its sole discretion may terminate Customer's account.
3. Price And Payment Customer agrees to pay all
charges to Customer's account, including applicable taxes, in accordance with billing
terms in effect at the time the fee or charge becomes payable. EsoTerra Software reserves
the right to change the amount of, or basis for determining, any fees or charges for the
Service, and to institute new fees or charges effective upon prior notice to Customers.
Customer must provide EsoTerra Software with valid credit card information.
Please Note: EsoTerra Software will automatically renew and
charge Customer's account as follows:
* Every Month for Monthly Subscriptions
* Upon every one(1) year anniversary for Annual
* Upon every six (6) Months for six (6) Month Subscriptions
The renewal charge shall be equal to the original customer
signup price, unless otherwise notified in advance by EsoTerra Software. Customer will
have forty-five (45) days after the date that any renewal fee is posted to Customer's
charge account to notify EsoTerra Software that he or she wishes to cancel his or her
subscription. EsoTerra Software will cancel Customer's account upon receipt of such
notification and post a credit to Customer's charge account equal to the latest renewal
Customer's right to use the Service is subject to any
limits established by EsoTerra Software or by Customer's credit card issuer. If payment
cannot be charged to Customer's credit card or Customer's charge is returned to EsoTerra
Software for any reason, including chargeback, EsoTerra Software reserves the right to
either suspend or terminate Customer's access and account, thereby terminating this
Agreement and all obligations of EsoTerra Software hereunder.
EsoTerra Software agrees that it will terminate Customer's
account upon notice from Customer. If cancellation is received within the first 30 days of
Customer signing up for a service, Customer will be refunded all subscription fees for
that service, but Customer will still be obligated to pay any other charges incurred. If
Customer cancels a service after 30 days of signing up for a service, no refund for unused
time on such service will be made. If Customer has a balance due on any EsoTerra Software
account, Customer agrees that EsoTerra Software can charge these unpaid fees to their
EsoTerra Software reserves the right to establish a credit
limit (the "Ceiling") for each Customer. If a Customer's account reaches the
ceiling at any time, Customer agrees that EsoTerra Software may immediately bill their
credit card for all unpaid charges on account. Until further notice, the ceiling for each
Customer shall be $100.
If Customer has reason to believe that Customer's account
is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure
or use of Customer's ID, password, or any credit, debit or charge card number stored on
the Service), Customer must promptly change Customer's password and notify EsoTerra
Software of the problem (by notice given as described in Section 9 below) to avoid
possible liability for any unauthorized charges to Customer's account.
4. Non-Transferability of Membership EsoTerra
Software grants to Customer a personal, non-exclusive, non-assignable and non-transferable
license to use and display the EsoTerra Software software ("Software") on any
machine(s) of which Customer is the primary User. Unauthorized copying of the Software or
duplication of the software in any manner, including software that has been modified,
merged or included with the Software, or the written materials associated therewith is
expressly forbidden. Customer acknowledges that Customer may not sublicense, transfer,
sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or
assign the license is void.
5. Software Libraries and Copyrighted Materials Only
public domain software or graphics files or files where the owner has given express
permission for online distribution may be posted on the Service. The posting of any other
type of file and the posting of links to any other type of file is strictly forbidden. The
following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings,
graphics, text or other writings, computer programs or other software, recordings or
designs; files containing advertisements or solicitations aimed at persuading other
members to use certain goods or services;. material of a sexually explicitly nature,
including photographs and text.
Copyrighted material, including without limitation text,
photographs, sound, video and music, may not be placed on the Service without the express
permission of the author or owner of the copyright on the material. Customer acknowledges
that only the owner or someone authorized by the owner to post the material may do so. The
downloading of copyrighted material is allowed by Customers only for Customers' own use.
Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit
or otherwise transfer any copyrighted material. The burden of determining that any
information, software or any other content on the Service is not protected by copyright
rests with the Customer. Customer acknowledges that EsoTerra Software and/or third-party
content providers remain the owners of the posted materials, and that Customer does not
acquire any of those ownership rights by downloading copyrighted materials.
6. EsoTerra Software Mail EsoTerra Software Mail is
a part of EsoTerra Software's service designed for private communication between
Customers. EsoTerra Software will not monitor this communication, but reserves the right
to take action against any Customer who is defaming, harassing or otherwise offending
another Customer through e-mail, if it comes to EsoTerra Software's attention that this
type of abuse is occurring, as is more fully set forth in Section 2 containing the Rules
for Online Conduct.
7. Limitation Of Liability And Warranty CUSTOMER
AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. ESOTERRA SOFTWARE'S
SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE,
INCLUDING WITHOUT LIMITATION THE ESOTERRA SOFTWARE SOFTWARE LICENSED TO THE CUSTOMER AND
THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, ESOTERRA SOFTWARE DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY
WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT EsoTerra Software IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER ESOTERRA SOFTWARE NOR ANY OF ITS AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
8. Trademarks TrainFinder, EsoTerra Software, the
EsoTerra Software logo, TFCCA, TrainDelaers.com, ToyTrianExchnage.com, TFCCA.com,
TrainRepair.com, TrainShows.com and others are trademarks of EsoTerra Software, Inc. and
respectively. All other trademarks appearing on the Service are trademarks of their
9. Notice EsoTerra Software may give notice to
Customers by means of a general notice on the Service, electronic mail to Customer's
e-mail address on record in EsoTerra Software's account information, or by written
communication sent by first class mail to a Customer's address on record in EsoTerra
Software's account information. You may give notice to EsoTerra Software (such notice
shall be deemed given when received by EsoTerra Software at any time by any of the
- electronic mail to email@example.com;
- letter delivered by first class postage prepaid mail or
courier to EsoTerra Software at the following address:
EsoTerra Software Corporation
P.O. Box 2026
Dublin, Ohio 43017
10. Indemnification Customer agrees to indemnify and
hold EsoTerra Software harmless from any dispute which may arise from a breach of terms of
this Agreement. Customer agrees to hold EsoTerra Software harmless from any claims and
expenses, including reasonable attorney's fees and court costs, related to Customer's
violation of this Agreement, including the Rules of Conduct or any information, software
or other content placed on the Service by Customer.
11. Termination Of Service User may terminate this
Agreement and User's right to use the Service by selecting the applicable cancellation
button on the service. EsoTerra Software may terminate your account or access rights to
this Service at any time, without notice, for conduct that EsoTerra Software believes
violates this Agreement or other policies or guidelines that EsoTerra Software has posted
on a EsoTerra Software service. EsoTerra Software may terminate your account or access
rights to this Service for online conduct that EsoTerra Software believes is harmful to
other Customers, to EsoTerra Software's business, or to other information providers.
12. Choice Of Law This Agreement shall be construed
and controlled by the laws of the State of Ohio. Further, any dispute arising from the
terms of this agreement or a breach of this Agreement will be governed by the laws of the
State of Ohio. Customer agrees to personal jurisdiction by the state and federal courts
sitting in the State of Ohio.
13. Merger Clause This Agreement constitutes the
entire agreement between the parties with respect to the subject matter contained herein
and supersedes all previous and contemporaneous agreements, proposals and communications,
written or oral between EsoTerra Software representatives and Customer. EsoTerra Software
may amend or modify this Agreement or impose new conditions at any time upon notice from
EsoTerra Software to Customer as published through the Service. Any use of the Service by
Customer after such notice shall be deemed to constitute acceptance by Customer of such
amendments, modifications or new conditions.