Terms and Conditions
Your use of the web site of the Historical Society of Early American Decoration (the “Site”), as well as any and all information, products and services on or available through or from the Site, including without limitation all products and services provided by the Historical Society of Early American Decoration, shall be governed by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”). Your use of the Site constitutes your acknowledgment of and agreement to be bound by these Terms and Conditions, and shall constitute a waiver of any right you may otherwise have had to object to these Terms and Conditions. As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. If you do not agree with any of the Terms and Conditions, you are not authorized to use the Site. The Historical Society of Early American Decoration reserves the right to modify, amend, update and change the Site and/or these Terms and Conditions from time to time without notice to users of the Site. You agree that the Historical Society of Early American Decoration shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to the Site.
Site Content and Information: Although steps are taken to avoid inaccuracies, the Site may include information that is inaccurate, incomplete, unreliable or outdated. The Historical Society of Early American Decoration does not make any representations or warranties with respect to the information contained on the Site, and does not guarantee that such information is complete, accurate, current or reliable. The Historical Society of Early American Decoration hereby disclaims all liability for any information that is incomplete, inaccurate, unreliable or outdated. Any reference to or description within the Site of third parties, products, services or publications shall not be deemed an endorsement of such third parties, products, services or publications.
Links: The Site may contain links to other web sites, web pages, services and resources that are operated by parties other than the Historical Society of Early American Decoration. The Historical Society of Early American Decoration is not responsible for the contents or availability of any such other site and does not endorse and is not responsible in any way for any content, advertising, products, services or other materials on or available at, from or through such sites. You agree that the Historical Society of Early American Decoration shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials on or available at, from or through any such site.
Authorized Use of Material: The contents of all material available on the Site are copyrighted by the Historical Society of Early American Decoration, unless otherwise indicated, and all rights are reserved. The contents of the Site are intended solely for your personal use. You may not alter, modify, reformat, display, transmit, publish, license, create derivative works from, reverse engineer, reproduce, duplicate, copy, transfer, distribute, disseminate, sell, resell or otherwise exploit for any commercial purposes any information, software, documents, graphics, products or services obtained from or made available through the Site without the express written consent of the Historical Society of Early American Decoration.
Disclaimer of Warranties: YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS, LINKS OR OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE AT, FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL SUCH ITEMS AND MATERIALS MAY BE UPDATED OR CHANGED BY THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION AT ANY TIME WITHOUT PROVIDING PRIOR NOTICE OF SUCH INTENDED CHANGE. THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION RESERVES THE RIGHT TO UPDATE THE INFORMATION AND MATERIALS CONTAINED IN THE SITE, BUT IS UNDER NO OBLIGATION TO DO SO. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION ASSUMES NO RESPONSIBILITY FOR ANY INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS CONTAINED IN THE SITE, OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR RECORDS) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, EVEN IF THE HISTORICAL SOCIETY OF EARLY AMERICAN DECORATION HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Indemnification: You agree to indemnify and hold the Historical Society of Early American Decoration, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys fees, incurred by the Historical Society of Early American Decoration in connection with a third party claim, action or demand due to, arising out of, related to or otherwise attributable to your use of the Site or your violation of these Terms and Conditions.
Governing Law: These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other state be applied, even where such a result would be indicated by choice of law rules. By using the Site, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of federal and state courts in Ostego county, New York regarding any and all disputes relating to these Terms and Conditions or your use of the Site.
General: These Terms and Conditions shall constitute the sole agreement and understanding between you and the Historical Society of Early American Decoration regarding your use of the Site. No agreement or other understanding purporting to modify these Terms and Conditions shall be binding upon the Historical Society of Early American Decoration unless otherwise agreed to by the Historical Society of Early American Decoration in writing. The failure of the Historical Society of Early American Decoration to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.