Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH COLLECTIBLE REGISTRIES, INC. OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and Collectible Registries™, Inc. and applies to your use of the Diecast Registry™ web site (“Site”) and any related products and services available through www.DiecastRegistry.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a guest or member of Diecast Registry™. By accepting this Agreement, you also agree that your use of other Diecast Registry™ and/or Collectible Registries, Inc. websites and Services will be governed by the terms and conditions posted on those websites.

For additional information about the Service and how it works, please also consult the Diecast Registry™ FAQ page.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective immediately upon posting to our site. You may review the current Agreement any time at our User Agreement page.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Diecast Registry™," "we" or "our" will refer collectively to Collectible Registries, Inc. and its subsidiaries, including Diecast Registry™.

This Agreement was last modified on March 6, 2003.

In order to use the Service, you must register, and pay for, for an annual membership account. Users may only hold one single account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors, persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.

2.1 Appointed Agent. Diecast Registry™ acts as a facilitator to help you share and exchange information about your diecast cars with third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf.

By initiating and posting information through the Service, you appoint Diecast Registry™ as your agent to store the given information on your behalf and to provide other Users with that information, subject to the terms and restrictions of this Agreement.

2.2 Internet Service Provider. Diecast Registry™ acts as an Internet service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the sellers, products, or diecast cars that are advertised for sale with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. No warranties or guarantees of merchantability are expressed or implied by Diecast Registry™ for products and services advertised for sale by users through our Service. Additionally, we cannot and do not guarantee the accuracy of data represented within the web site. Please contact us immediately if you find erroneous data.

2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Diecast Registry™, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Diecast Registry™ cannot and does not guarantee any user's identity.

2.4 Release. In the event that you have a dispute with one or more users and/or this Service, you release Collectible Registries, Inc. and Diecast Registry™ (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."

2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Diecast Registry™ shall make reasonable efforts to ensure that requests for information are processed in a timely manner and but we make no representations or warranties regarding the accuracy of the data within our Site because our Service is largely dependant upon many factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

2.6 Limit of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $10. Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

2.7 Indemnification. You agree to indemnify and hold Diecast Registry™, its parent, subsidiaries, affiliates, owners, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates.

To be eligible for an account, you must be a resident of the United States or one of the approved countries listed below:

o Anguilla

o Argentina

o Australia

o Austria

o Belgium

o Brazil

o Canada

o Chile

o China

o Costa Rica

o Denmark

o Dominican Republic

o Finland

o France

o Germany

o Greece

o Hong Kong

o Iceland

o India

o Ireland

o Israel

o Italy

o Jamaica

o Japan

o Luxembourg

o Mexico

o Netherlands

o New Zealand

o Norway

o Portugal

o Singapore

o South Korea

o Spain

o Sweden

o Switzerland

o Taiwan

o United Kingdom

International Users must make payment in the form of an electronic transaction through PayPal.

5.1 Electronic Payment. For immediate membership activation, payment through PayPal^® is recommended.

5.2 Checks and Money Orders. Checks or money orders (preferred) can be mailed to Diecast Registry™ along with a completed Membership application. Your account will be activated after corresponding funds have posted and cleared (allow 14 business days).

5.3 Credit cards. Die Cast Registry™ does not accept credit card payments at this time.

6.1 Definition. "Your Information" is defined as any information you provide to us, or other users, while using our Service including, but not limited to, in the registration, payment process, buying, selling, or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) be related in any way to gambling and/or gaming activities; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene or contain child pornography; (h) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and (i) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than registering your own diecast cars and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

6.3 License. Solely to enable Diecast Registry™ to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Diecast Registry™ will use and protect Your Information in accordance with our Privacy Policy.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Diecast Registry™ site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Diecast Registry™ by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Diecast Registry™ or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

You agree to allow Diecast Registry™ to use Your Information in accordance with our Privacy Policy. We may amend our Privacy Policy at any time by posting the amended policy on our site. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your Diecast Registry™ account on a page that begins with https://www.DiecastRegistry.com/. All of our pages begin with https://www.DiecastRegistry.com/ and therefore you should not use any other site that does not begin as such. If you object to Your Information being transferred or used in this way, please do not use our Services.

You agree that your Membership fee is non-refundable should you decide to discontinue your use of our Services, for any or no reason, regardless of the duration remaining on the membership. You will remain liable for all obligations related to your account even after such account is discontinued. If you do not access your account for a period of one year, it can be disabled.

Without limiting other remedies, you agree that we may update inaccurate or incorrect information you provide to us, contact you by electronic and/or other means, immediately communicate to and/or warn our community of your actions, place a hold and/or limit access to your account and any or all of the account's functions, indefinitely suspend or close your account, and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If we close your account, we will provide you notice. Additionally, to secure your performance of this Agreement, you grant to Diecast Registry™ a lien on and security interest in the information in your account. Diecast Registry™ may consider this Agreement as your consent to Diecast Registry's asserting its security interest or exercising its rights should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Diecast Registry™. Diecast Registry™ reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer:

In addition, when using particular Services, you agree that you are subject to any posted policies or rules applicable which may be posted in conjunction with those Services. All such posted polices or rules are hereby incorporated by reference into this Agreement.

14.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Diecast Registry™ in electronic form. Electronic Communications may be posted on the pages within the Diecast Registry™ website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Diecast Registry™ reserves the right but assumes no obligation to provide Communications in paper format.

14.2 Credit Report. You agree that Diecast Registry™ may order and review your credit report with the sole purpose of assessing your fitness to hold a Diecast Registry™ account and/or your ability to use the Service or features thereof.

14.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Collectible Registries, Inc., Attn: Legal Department, PO Box 909 Batavia, Illinois 60119. Notice shall be deemed given 120 hours after postmark. Alternatively, we may give you notice by mail to the address provided to Diecast Registry. In such case, notice shall be deemed given 4 days after the date of mailing.

In the event a dispute arises between you and Diecast Registry™, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Diecast Registry™ agree that any controversy or claim at law or equity that arises out of this Agreement or Diecast Registry's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Die Cast Registry™ strongly encourages users first to contact Diecast Registry™ directly to seek a resolution. Diecast Registry™ will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

15.1 Arbitration. For any Claim, Diecast Registry™ may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Kane County, Illinois. You and Diecast Registry™ agree to submit to the personal jurisdiction of the courts, chosen by Diecast Registry™, and located within the county of Kane, Illinois.

15.3 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

This Agreement is governed by and interpreted under the laws of the state of Illinois, U.S. as such laws are applied to agreements entered into and to be performed entirely within Illinois by Illinois residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 15 hereof, to the extent that the FAA is inconsistent with Illinois law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Die Cast Registry™, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections, including all subsections, (2) Relationship including 2.3, 2.4, 2.5, 2.6, and 2.7, (3) Fees, (7) Access and Interference, and (15) Legal Disputes shall survive any termination or expiration of this Agreement.

We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.