Terms & Conditions: Train Horn Kits

PRIVACY

For Privacy Policies, please refer to our Privacy Policy for specific terms and conditions.

ELECTRONIC COMMUNICATIONS

When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

COPYRIGHT

Images of people, places, and/or products posted on this Site are either the property of the Company, or are used herein with express permission of the Company. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is the property of the Company or its suppliers, partners, or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of the Company and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can be made only with the prior written and express authorization of the Company. For further information on how you may obtain authorization to use any materials or content on this Site, please contact the Company at the Contact section of this Site.

TRADEMARKS

All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of the Company or its affiliates. The Company's and its affiliate's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos used in this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of the Company or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing the Company's or its affiliate's names, trademarks, or product names without our express written consent.

LICENSE AND SITE ACCESS

We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.

YOUR ACCOUNT

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify the Company immediately of any unauthorized use of your account and/or password(s), or other breach of security.

MATTER YOU MAY SUBMIT TO THE COMPANY

From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.

The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use 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 using such information.

You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

RISK OF LOSS

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

HYPERLINKS

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

CHILDREN

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Web site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DISCLAIMERS APPLY EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

TERMINATION

Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Site Terms will still apply.

APPLICABLE LAW

By accessing, browsing or using this Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and the Company or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in Harris County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and the Company or any of its affiliates.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms and Conditions or of our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Train Horns and Train Horn Kits are sold as a Novelty auto accessory. Utilization by the purchaser and/or owner is solely at the purchaser’s and/or owner’s sole discretion. Customers should review all applicable federal, state, local laws and ordnances prior to utilizing a Train Horn System purchased from TrainHornKits.Com. TrainHornKits.Com is not liable for use of products sold.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to this Site, our Privacy Statement, and these Site Terms at any time. If any of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT

These Site Terms constitute the entire agreement between the user and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

SOFTWARE

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

CONTACT US

If you have any questions or suggestions regarding these terms and conditions, please contact us at:

ACP Investments
6215 Flagg Ranch Dr
Spring, TX 77388
Phone: 877-899-4676

Email: CustomerService@TrainHornKits.Com

OUR COMMITMENT

TrainHornKits.Com is committed to using our best efforts to ensure the security of your transactions on www.TrainHornKits.com (the "Site") and protecting the privacy of the information you chose to share with us. By choosing to visit our Site, you are accepting the practices, terms and conditions described in this Security and Privacy Notice. Please feel free to contact us with any questions or concerns you may have regarding these policies.

SECURE ORDERING

We make every effort to protect your online order information by using Secure Sockets Layer (SSL) technology. SSL encrypts your order information to avoid the decoding of that information by anyone other than TrainHornKits.Com. To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending upon your browser) then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https". It is important for you to protect against unauthorized access to your credit card information, to your password and to your computer.

Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you'll be unable to connect to the server so you won't have to worry about mistakenly placing an order through an unsecured connection.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

PRIVACY POLICIES

We are committed to protecting your privacy. This Privacy Policy describes the types of information we collect from you when you use the TrainHornKit.Com site, and explains what we do with that information. Except as described in this policy, we do not sell, trade or rent your personal information to third parties. Keep in mind, you always have the option to "opt-out" of our email program at anytime.

This Privacy Policy is effective as of November 24, 2010 and will remain in effect until we replace it.

WHAT KIND OF INFORMATION DO WE COLLECT?

We may collect and store personal information from you, such as your name, email address, postal address, phone number, credit card number, gender, birthday, personal interests, product reviews and ratings, etc., when you create an account with us, place an order online, contact us with a question or concern, or participate in a contest, promotion, or survey. We maintain a record of your product interests and the purchases you make online. We may combine all of this information with information about you that we acquire from your activity in our stores or via the phone, our joint marketing partners, from unrelated third parties, and from our other brands.

We collect and store certain other information automatically whenever you interact with this Web site. For example, we may collect your IP address, browser information, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data and reference site domain name. We also collect information regarding customer traffic patterns and site usage.

HOW DO WE USE YOUR INFORMATION?

· To process and fulfill your order, including to send you emails to confirm your order status and shipment, and other related emails

· To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, surveys, contests, and promotions, unless you have directed us not to contact you with promotional communications via our opt-out procedure

· To administer and fulfill our contests and other promotions

· To help us learn more about your shopping preferences

· To help us address problems with and improve our site design, products and services

· To enhance your shopping experience

· To analyze trends and statistics

· To protect the security or integrity of our Web sites and our business

· To contact you if necessary

We use a third-party tracking service to track non-personally identifiable information about visitors to this Web site in the aggregate. We also use pixels, or transparent GIF files to enable us to learn which advertisements bring users to our Web site. We may from time to time use other third parties for similar type tracking services. Any information we track in this manner is anonymous, limited to usage and volume statistics, and is used to provide insight into the effectiveness of our online marketing initiatives and strategies.

WHO DO WE SHARE INFORMATION WITH?

We are part of a larger company and we may share information with our parent and affiliated companies.

We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, order fulfillment and shipping, marketing, public relations and promotional material distribution and other activities, survey, sweepstakes and contests administration, Web site evaluation and data analysis. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform. These parties may also collect information directly from your use of our site, but we prohibit them from using such information in anything other than an aggregated non-personal form.

We may share aggregated demographic information with our partners and advertisers. Aggregate demographic information is not linked to any personal information that can identify any individual person.

We may release personal information if we believe in good faith that we are required to by law or such release is necessary to protect the rights, property or safety of TrainHornKits.Com, or any of our affiliates, business partners, customers or others.

As with any business, it is possible that we might go through a business transition, such as a merger, acquisition, sale of all or a portion of our assets, or sell or buy other assets. In such transactions, information about customers often is among the transferred assets. You will be notified via a prominent notice on our site for 30 days of any such change in ownership or control of your personal information. You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary.

OPT OUT

You always have the option to "opt-out" of our email program or "Your Account" at anytime. If at any time you no longer wish to have TrainHornKits.Com contact you, or to receive information, emails or notices from TrainHornKits.Com or our partners, simply Email us at CustomerService@TrainHornKits.Com.

CHILDREN

Our Site is not intended for use by children under the age of 13, and we do not target or collect personal information from children under the age of 13. We encourage parents to be active in regulating their child's online activities and interests appropriately.

LINKS

Links to third party web sites on our Site are provided solely as a convenience to you. If you use these links, you will leave our Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites, their content or their privacy policy. If you decide to access any of the third party sites linked to our Site, you do so at your own risk.

COOKIES

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to provide you with extra features on our Site. The cookies do not contain any information that would identify you personally. TrainHornKits.Com uses cookies to monitor the traffic on our Site and enhance your visit by among other things, storing items in your shopping cart. For more assistance, Please Email us at CustomerService@TrainHornKits.Com

If you are a California resident, you have the right to request information from TrainHornKits.Com about the way in which TrainHornKits.Com shares certain categories of your personal information with affiliated companies.

California law provides that you have the right to submit a request to TrainHornKits.Com at customerservice@trainhornkits.com to receive the following information:

1. Covered categories of personal information disclosed by TrainHornKits.Com for direct marketing purposes during the preceding calendar year, and

2. Affiliated companies sharing who received such information.

You are entitled to see a non-specific formatted copy of the aforementioned information if applicable..