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Lionel Racing/RCCA By-Laws

IMPORTANT MEMBERSHIP INFORMATION

THESE BYLAWS, ALONG WITH THE TERMS AND CONDITIONS, LEGAL NOTICES, AND PRIVACY STATEMENTS APPLICABLE TO RCCA®. (LIONEL, LLC, LIONEL RACING, LLC, AND LIONEL NASCAR COLLECTABLES, LLC) WEB SITES AND ACCESSIBLE VIA THE HYPERLINKS PROVIDED AT THE BOTTOM OF THIS PAGE (COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THIS WEB SITE, AS WELL AS YOUR RACING COLLECTABLES CLUB OF AMERICA, INC. (“RCCA®”) MEMBERSHIP AND ALL PRODUCTS AND SERVICES BY RCCA® AND/OR LIONEL NASCAR COLLECTABLES, LLC AND ITS SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES. THE TERMS APPLY NOT WITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION EITHER FROM OR TO YOU.

1. Acceptance of Terms By Membership or Use

By becoming an RCCA® member or by using this Web site, you signify yourknowledge and acceptance of the Terms. If you do not agree with the foregoing sentence, please do not use this site. RCCA® reserves the right, at our discretion and without prior notice, to modify the Terms at any time. You agree to periodically review the Terms to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this site following any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.

2. Guarantee & Return Policy

RCCA® customers are given a thirty (30) day total satisfaction guarantee. If for any reason a member is not 100% satisfied with the quality of a product, the member may return such product within thirty (30) days from the date of receipt for a refund of the purchase price. To return an item, simply follow the instructions outlined in the return form accompanying the product. Products must be returned within thirty (30) days after the receipt. Any product returned after the expiration of the thirty (30) day return period may not be accepted. Shipping and handling refunds will be at the discretion of RCCA®.

3. Product Availability

  • Availability of RCCA® product is on a first-come, first-served basis, and only while supplies last.
  • RCCA® may, from time to time, subject to paragraph 8 of these bylaws, allow members to place advance orders for products prior to the product’s production.
  • On occasion, the production quantity of a particular product may be 10% more or less than the originally advertised quantity. When the amount is greater,
  • RCCA® may make the additional quantities available to its members. When fewer products are produced, RCCA® will inform those members whose orders will not be filled.

4. Product Limitation

  • RCCA® reserves the right, from time to time and without prior notice, to implement restrictions on the quantity of product that a member may order or purchase.
  • Each RCCA® member represents and warrants to RCCA® that the member is purchasing for the member’s own account and not for purposes of resale.

5. Inventory Reduction

RCCA® will make commercially reasonable efforts to only sell its current calendar year limited edition racing collectible merchandise directly to members and collectors. Merchandise from prior calendar years may be made available to other customers.

6. Age Restrictions

A member must be twenty-one (21) years of age, or older, to order alcohol, firearms, or tobacco-sponsored products.

7. Shipping

In addition to the purchase price of a product, members will be responsible for all shipping and handling fees and all applicable sales and use taxes. RCCA® may restrict delivery to addresses within the United States and Canada. To the extent RCCA® offers products for sale to members outside the United States, international members are responsible for all applicable duties, taxes, customs charges and brokerage fees assessed by their government and the delivery carrier. Prices are quoted in U.S. dollars.

8. Order-Taking Process

There are two ways in which a member can purchase product, all of which require an acceptable method of payment:

  • By calling RCCA® at 1-800-952-0708 and placing an order through RCCA®’s customer service representatives.
  • By logging onto the Internet at www.LionelRacing.com.

9. Credit Card Process

  • For verification purposes, members must provide the current billing address that matches the card issuer’s records. Failure to provide the correct billing address or other appropriate information may result in a member’s order not being accepted or if accepted, canceled or rejected.
  • If authorization for payment is not received from the credit or debit card issuer, the member’s order will not be accepted or, if accepted, will be canceled or rejected by RCCA® unless the member provides a valid alternative method of payment within two business days. If such authorization is not received more than once, RCCA® may place such member’s membership account on an inactive status. RCCA® reserves the right to terminate any member who RCCA® believes does not have sufficient means to establish credit. RCCA® may, in its discretion,reinstate a member whose membership has been placed on inactive status or terminated; provided that such member pays any outstanding amounts owed to RCCA® as well as payment of RCCA®’s then current reactivation fee, if any.

10. E-Points Program

Active RCCA® ELITE members may receive one E-Point for every dollar spent on purchases directly from RCCA® during each calendar year. E-Point status will be divided into four levels: Platinum, Gold, Bronze and Elite. RCCA® members who achieve Platinum, Gold or Bronze status may be eligible for access to special member only discounts, private VIP events and other opportunities.

RCCA® reserves the right to change, temporarily suspend or discontinue any or all aspects of the E-Points program at any time with or without notice. For example, RCCA® may change partner affiliations, award availability, program structure, and admission requirements to any or all RCCA® events.

The accumulation of E-Points does not entitle RCCA® members to any vested rights with respect to E-Points, RCCA® or to any awards of the program. E-Points have no cash value. Tax consequences of E-Point awards, if any, are the responsibility of the RCCA® member. Any member may be disqualified from the E-Points program at any time, with or without notice, if, in RCCA®’s sole judgment, that member has violated any of the rules described in these By laws or any other RCCA® or Lionel NASCAR Collectables’ Terms and Conditions. Disqualification may result in loss of privilege(s)up to and including termination of an individual’s RCCA® membership and confiscation of accumulated E-Points.

All rules are subject to interpretation by designee(s) of RCCA®. Such interpretations shall be final.

11. Multiple Memberships

As of the date hereof, RCCA® limits memberships to one membership per person.

12. Change of Address

Members are responsible for maintaining a current address on file with RCCA®. RCCA® is neither responsible nor liable to any member for the member’s failure to maintain a current address with RCCA®.

13. Membership Fees; Inactive Memberships

Except as specifically set forth herein, membership fees are non-refundable. If a member does not make a purchase from RCCA® for a period of eighteen (18) months, RCCA® reserves the right to place the membership in an inactive status, in which case the member will not receive RCCA®’s periodic mailings and other product offerings. A member may be reinstated on the active mailing list upon acceptance of a subsequent order from such member, subject to RCCA®’s then current reactivation fee, if any.

14. Force Majeure

RCCA® shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the delivery systems including, without limitation, delays caused by the United States Postal Service or other third party carriers.

15. Amendments to Bylaws

RCCA® reserves the right, without prior notice, to make any changes to the Terms or to impose new terms and conditions that, in its sole discretion, it deems necessary. Such revisions or modifications shall be effective immediately upon notice thereof, which notice may be given by any means. ORDERS PLACED AFTER NOTICE OF REVISIONS OR ADDITIONS TO THE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE THE MEMBER’S AGREEMENT TO SUCH REVISIONS OR ADDITIONS.

16. Errors and Omissions

RCCA®’s catalogs, offerings and other promotional materials may contain errors, omissions or typographical errors. RCCA® will not be responsible or liable to any member for any such errors or omissions. In the event that a product is listed at an incorrect price, RCCA® shall have the right to refuse or cancel or reject orders placed for the product at the incorrect price, regardless of whether the order has been confirmed and the member’s credit card charged. If the member’s credit card has already been charged for the purchase and the order is canceled or rejected, RCCA® shall promptly issue a credit to the member’s credit card account in the amount of the incorrect portion of the order.

17. Trademarks and Copyrights

Trademarks and copyrights of Racing Collectables Club of America™ Inc., Lionel NASCAR Collectables LLC, and their respective licensors, divisions and subsidiaries may not be used without the express written permission of Lionel NASCAR Collectables LLC.

18. Disclaimer and Limitation of Liability

Except for RCCA®’s “100% Satisfaction” Guarantee stated in paragraph 2 above,

RCCA® MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO A MEMBER’S MEMBERSHIP OR THE PRODUCTS OFFERED BY RCCA®. WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR THE ABOVE-REFERENCED “100% SATISFACTION” GUARANTEE, A MEMBER’S MEMBERSHIP AND THE PRODUCTS OFFERED BY RCCA® ARE PROVIDED TO MEMBERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The foregoing disclaimer shall be effective to the full extent permitted under any applicable state law. UNDER NO CIRCUMSTANCES SHALL RCCA®, ITS AFFILIATED COMPANIES, SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO A MEMBER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND NEGLIGENCE, ARISING IN ANY WAY FROM THE MEMBER’S MEMBERSHIP, E-POINT™ STATUS, OR ANY PRODUCT SOLD BY RCCA®, EVEN IF RCCA® IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RCCA®’S LIABILITY EXCEED THE PRICE PAID BY A MEMBER FOR THE MEMBERSHIP AND ANY PRODUCT PURCHASED BY THE MEMBER THAT IS THE SUBJECT OF THE CLAIM.

19. Submissions

Except as may be provided in any Privacy Statements incorporated within the Terms, any communication or material transmitted to RCCA® by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by RCCA®, RCCA® vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RCCA®, RCCA® vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the RCCA® site for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.

20. Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by RCCA® of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in the Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

21. Governing Law; Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules. You expressly agree that, with respect to any claim or action arising from or related in any way to your use of this website or its contents, your membership in or orders placed with RCCA®, or the Terms, the state or federal courts located in Cabarrus county or Mecklenburg county in the State of North Carolina shall have sole and exclusive jurisdiction and venue. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. The Terms shall be interpreted according to their express terms, with no presumptions against the drafting party