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These General Terms and Conditions of Use ("Terms") are entered into by and between TeleVideo Production Co. Inc., the Pennsylvania State Police Historical, Educational and Memorial Center, a Pennsylvania 501(c)(3) Organization also referred to as ("HEMC") or ("PSP-HEMC") and patrons of this website.  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. TeleVideo Production Co. Inc., 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.

TeleVideo Production Co., Inc. grants PSP-HEMC to the have the 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. However, PSP-HEMC shall not make any changes in the relationship with regards to the Intellectual Property right ownership relating to TeleVideo Production Co., Inc. All Intellectual Property, Architecture and design will remain the ownership of TeleVideo Production Co., Inc. unless a mutual ownership transfer is agreed in writing by both parties. 

All patrons at this site 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 PSP-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 PSP-HEMC shall be valid or enforceable against PSP-HEMC unless expressly agreed to by PSP-HEMC in a writing signed by a duly authorized officer of PSP-HEMC.

3. Termination.

These Terms are effective until terminated by PSP-HEMC. PSP-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.

PSP-HEMC or TeleVideo Production Co., Inc. shall 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. If you are under the age of 18 (eighteen) years, you may use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Service is not intended for children under 13.

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. PSP-HEMC or TeleVideo Production Co., Inc. 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 PSP-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. TeleVideo Production Co., Inc. owns all Intellectual Property rights to the site other than  that which are owned by PSP-HEMC or by third parties that have licensed their use to PSP-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, TeleVideo Production Co., Inc. does not grant you or any person or organization 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 web 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 TeleVideo Production Co., Inc., is strictly prohibited.

6. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including PSP-HEMC vendors, do not constitute sponsorship, endorsement, or approval by TeleVideo Production Co., Inc. or PSP-HEMC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by PSP-HEMC, and TeleVideo Production Co., Inc. 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 this web site are quoted in U.S. dollars. PSP-HEMC may restrict delivery to addresses within the United States and Canada. PSP-HEMC will add shipping and handling fees and applicable sales/use tax. PSP-HEMC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the psp-hemc.org website without incurring any obligation to you. Products displayed on this site are available while supplies last.   Exception: TeleVideo Production Co., Inc. agrees to provide DVD media products to PSP-Hemc Store, also referred to as the Gift Shop or The Trooper's Connection. TeleVideo Production Co., Inc. product (s), unlike other vendors shall have a one-time review and approval. Upon approval the product(s) shall be continously stocked and displayed in the store to avoid latency, and be visible, in the same manner consistent with all other merchandise offered to the store patrons. All pricing of TeleVideo Production Co., Inc products are considered to be proprietary therefore, no price discounts may be applied specifically to it's products. Other than tax or shipping increases, PSP-HEMC, at their descretion may increase product costs for profitability purposes. In the event a reasonable price increase is made TeleVideo Production Co., Inc shall be immediately be notified. All price margin increase proceeds shall benefit PSP-HEMC unless the increase is initiated by TeleVideo Production Co., Inc. In return, TeleVideo Production Co. Inc. agrees on a contingent basis, to provide reasonable In-Kind service work and maintenance to the museum portion of the website. This agreement shall remain in affect until such time either party fails to comply with their obligation of this contingency agreement between PSP-HEMC and TeleVideo Production Co., Inc. Descriptions of or references to, products or services on this website do not imply endorsement of any product or service, or constitute a warranty, by PSP-HEMC or TeleVideo Production Co., Inc.
  

The receipt by you of an order confirmation does not constitute PSP-HEMC's acceptance of an order. Prior to PSP-HEMC's acceptance of an order, verification of information may be required. PSP-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 PSP-HEMC, for any reason. PSP-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, PSP-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, PSP-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 PSP-HEMC pass to you upon PSP-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 PSP-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.

PSP-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. PSP-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 PSP-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 PSP-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 PSP-HEMC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, PSP-HEMC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, PSP-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 PSP-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 PSP-HEMC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PSP-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 TeleVideo Production Co Inc.., PSP-HEMC, PSP-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 PSP-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 PSP-HEMC, PSP-HEMC vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, PSP-HEMC, PSP-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 PSP-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.

TeleVideo Production Co., Inc. or PSP-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 this Site shall not be construed as PSP-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 TeleVideo Production Co., Inc. or PSP-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.

     Last Update: 1999