| These General Terms
and Conditions of Use ("Terms") are entered into by and between you and the
Pennsylvania State Police Historical, Educational and Memorial Center, a Pennsylvania
501(c)(3) Organization also referred to as ("HEMC") or ("PSP-HEMC").
In consideration of your use of and access to this Internet site (the "psp-hemc.org
Site"), and the promises and obligations herein, and intending to be legally bound,
you and HEMC hereby agree as follows: Your
access to and use of the psp-hemc.org Site is subject to these Terms, which incorporate
the separately posted Privacy
Statement as well as any modifications to them issued by HEMC and all applicable laws
and regulations. BY USING THE psp-hemc.org SITE, YOU AGREE TO AND WILL BE DEEMED TO BE
BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the
psp-hemc.org Site.
Among other things, the psp-hemc.org Site provides
information concerning various products and the opportunity to purchase them. These Terms
and the information provided in the psp-hemc.org Site in no way override the terms and
conditions of your purchase of any product or service except as specifically provided
herein. To the extent any area within the psp-hemc.org Site contains specific terms and
conditions concerning its use ("Specific Terms"), those Specific Terms are in
addition to these Terms. To the extent there is a direct conflict between these Terms and
the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
HEMC shall have right at any time and without prior notice,
at its sole discretion, to revise these Terms or to impose new terms and conditions with
respect to access to or use of the psp-hemc.org Site. Such revisions and additions shall
be effective immediately upon notice thereof, which may be given by any means, including
but not limited to posting the revised or additional terms and conditions on the
psp-hemc.org Site. You are responsible for reviewing the psp-hemc.org Site periodically
for any modification to this Agreement that may affect your rights or obligations
hereunder. You agree that you shall be deemed to be apprised of and bound by any
modification by HEMC to these Terms. ANY ACCESS OR USE OF THE psp-hemc.org SITE BY YOU
AFTER REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR
AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party
other than HEMC shall be valid or enforceable against HEMC unless expressly agreed to by
HEMC in a writing signed by a duly authorized officer of HEMC.
3. Termination.
These Terms are effective until terminated by HEMC. HEMC
may terminate these Terms without notice and at any time. In the event of termination, you
are no longer authorized to access the psp-hemc.org Site, and the restrictions imposed on
you with respect to the Content, and the disclaimers, indemnities, and limitations of
liabilities set forth in these Terms shall survive termination.
HEMC shall also have the right without notice and at any
time to terminate the psp-hemc.org Site or any portion thereof, or any products or
services offered through the psp-hemc.org Site, or to terminate any individual's right to
access or use the psp-hemc.org Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the psp-hemc.org Site and your purchase
of the items on the psp-hemc.org Site. You must be at least 18 years old to use the
psp-hemc.org Site.
5. Content.
The text, images, photographs, graphics, logos,
illustrations, descriptions, data, and other material provided on the psp-hemc.org Site,
as well as the selection, assembly and arrangement thereof, are referred to collectively
as the "Content."
The Content may contain errors, omissions, or typographical
errors or may be out of date. HEMC may change, delete, or update any Content at any time
and without prior notice. The Content is provided for informational purposes only and is
not binding on HEMC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by
copyrights, trademarks, service marks, and other proprietary rights that are owned by HEMC
or by third parties that have licensed their use to HEMC. You may view and use the Content
only for your personal information and for shopping and ordering on the psp-hemc.org Site,
and for no other purpose, and you shall retain intact all copyright and other proprietary
notices. Except as provided in the foregoing, HEMC does not grant to you or any person any
right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create
derivative works, publicly perform, or distribute by any means, method, or process
whatsoever, now known or hereafter developed, any of the Content on or transmitted through
the psp-hemc.org Site, including without limitation by transferring, downloading or
otherwise copying any Content onto any disk drive or other storage medium. Any use of the
Content, except as specifically permitted in these Terms or as otherwise expressly
permitted in the Content or in a writing signed by HEMC, is strictly prohibited.
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties,
including HEMC vendors, do not constitute sponsorship, endorsement, or approval by HEMC of
the content, policies, or practices of such linked sites. Linked sites are not operated,
controlled, or maintained by HEMC, and HEMC is not responsible for the availability,
content, security, policies, or practices of linked sites, including without limitation
privacy policies and practices. Links to other sites are provided for your convenience
only, and you access them at your own risk.
7. Prices; Orders.
All prices displayed on the psp-hemc.org Site are quoted in
U.S. dollars. HEMC may restrict delivery to addresses within the United States and Canada.
HEMC will add shipping and handling fees and applicable sales/use tax. HEMC reserves the
right without prior notice to discontinue or change specifications and prices on products
and services offered on the psp-hemc.org without incurring any obligation to you. Products
displayed on this site are available while supplies last. Descriptions of, or references
to, products or services on the psp-hemc.org Site do not imply endorsement of that product
or service, or constitute a warranty, by HEMC.
The receipt by you of an order confirmation does not
constitute HEMC's acceptance of an order. Prior to HEMC's acceptance of an order,
verification of information may be required. HEMC reserves the right at any time after
receipt of your order to accept or decline your order, or any portion thereof, even after
your receipt of an order confirmation from HEMC, for any reason. HEMC reserves the right
to limit the order quantity on any item and to refuse service to any customer without
prior notification.
In the event that a product or service is listed at an
incorrect price due to supplier pricing information or typographical error, HEMC shall
have the right to refuse or cancel orders placed for the product listed at the incorrect
price, regardless of whether the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is canceled,
HEMC shall promptly issue a credit to your credit card account in the amount of the
incorrect price.
The risk of loss and title for all products purchased by
you and shipped by HEMC pass to you upon HEMC's delivery to the carrier for shipment. The
risk of loss and title for all products purchased by you and shipped directly by one of
HEMC's vendors pass from such vendor to you upon such vendor's delivery to the carrier for
shipment.
8. Disclaimer and Limitation of Liability as to the
psp-hemc.org Site and Content.
HEMC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH
RESPECT TO THE psp-hemc.org SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE
AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. HEMC ALSO DOES NOT
WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE psp-hemc.org SITE OR ANY LINKED
SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE psp-hemc.org SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE
psp-hemc.org SITE IS PROVIDED TO USERS "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, TITLE, NON-INFRINGEMENT, SECURITY OR
ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY
TRANSACTION ARISING THROUGH OR AS A RESULT OF THE psp-hemc.org SITE. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL HEMC, ITS SUPPLIERS OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER
IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE psp-hemc.org SITE OR ANY LINKED SITE OR ITS CONTENTS,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR
OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF HEMC IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation
of Liability as to Products and Services.
We want you to be completely satisfied with your
psp-hemc.org purchase. If for any reason you are not entirely pleased with a product you
purchased on the psp-hemc.org Site, simply return the item within 30 days of receipt for
exchange or full refund of the purchase price. Refunds will be issued in the same method
as the order was paid. Many products are packaged with the manufacturer's warranty
and service information detailing specific terms and conditions. Manufacturers' warranties
may vary from product to product.
DISCLAIMER
ALL PRODUCTS AND SERVICES SOLD BY HEMC ARE SUBJECT TO ANY
APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT
NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, HEMC MAKES NO REPRESENTATION OR WARRANTY
WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, HEMC
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
PRODUCTS AND SERVICES SOLD ON THE psp-hemc.org SITE, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL HEMC, ITS SUPPLIERS OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON
THE psp-hemc.org SITE, EVEN IF HEMC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL HEMC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR
SERVICE THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification.
You agree to defend, indemnify, and hold harmless HEMC,
HEMC's vendors, and their affiliates and related entities and their respective directors,
officers, employees, and agents from and against all claims, losses, damages, liabilities,
and costs (including but not limited to reasonable attorneys' fees and court costs),
arising out of or relating to your breach of these Terms or your access to or use of the
psp-hemc.org Site. The foregoing indemnification obligation shall survive termination of
these Terms and the psp-hemc.org Site and any product or service provided to you arising
out of or relating to your use of the psp-hemc.org Site.
11. Submissions.
Except as otherwise expressly provided herein or in the
HEMC PRIVACY STATEMENT posted on the psp-hemc.org Site, any communication or material you
transmit to the psp-hemc.org Site 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 HEMC, HEMC vendors, or their affiliates or related
entities for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, HEMC, HEMC 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 psp-hemc.org Site for any
purpose whatsoever, including, but not limited to, developing, manufacturing, and
marketing products or services using information contained in such communication.
12. 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 HEMC 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 these 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 these Terms are intended for convenience only and shall in no
way affect the interpretation of the Terms.
HEMC 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 Internet or other data networks.
Access to or use of the psp-hemc.org Site shall not be
construed as HEMC's purposeful availment of the privilege or benefits of doing business in
any state or legal jurisdiction other than the Commonwealth of Pennsylvania. This
Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Additionally,
any claims brought against HEMC shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania. Sole and exclusive jurisdiction for any action
or proceeding arising out of, or related to, this Agreement, use of this website, or any
orders placed or products purchased on psp-hemc.org, shall be in the state or federal
courts located in the Eastern District of Pennsylvania or the Dauphin County Court of
Common Pleas. |