Terms of Use & Legal Disclaimer

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") , ("PSP-HEMC") or ("PSP-Oral History).

In consideration of your use of and access to this Internet site (the "PSP-Oral History.com" website ), and the promises and obligations herein, and intending to be legally bound, you and PSP-Oral History hereby agree as follows:

Your access to and use of the PSP-Oral History.com Site is subject to these Terms, which incorporate the separately posted Privacy Statement as well as any modifications to them issued by PSP-Oral History and all applicable laws and regulations. BY USING THE PSP-Oral History.com 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-Oral History.com Site.

2. Changes in Terms.

PSP-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-Oral History.com 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-Oral History.com Site. You are responsible for reviewing the PSP Oral History Site 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-Oral History.com Site 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-Oral History.com 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 shall also have the right without notice and at any time to terminate the PSP-Oral History.com Site or any portion thereof, or any services offered through the PSP-Oral History.com Site, or to terminate any individual's right to access or use the PSP-Oral History.com 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-Oral History.com Site.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the PSP-Oral History.com 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 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, and other proprietary rights that are owned by Pennsylvania State Police Historical, Educational and Memorial Center or by third parties that have licensed their use to Pennsylvania State Police Historical, Educational and Memorial Center. You may view and use the Content only for your personal information and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, PSP-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-Oral History.com 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 the Pennsylvania State Police Historical, Educational and Memorial Center, 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 PSP-HEMC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by PSP-HEMC, and PSP-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. Disclaimer and Limitation of Liability as to the PSP-Oral History.com Site and Content.

PSP-HEMC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PSP-ORAL HISTORY.COM 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-Oral History.com 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-ORAL HISTORY.COM 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 HEMC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. DISCLAIMER

PSP-HEMC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SERVICE OFFERED. EXCEPT AS EXPRESSLY STATED HEREIN, PSP-HEMC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO SERVICES OFFERED ON THE PSP-ORAL HISTORY.COM 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-ORAL HISTORY.COM SITE, EVEN IFPSP-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 SERVICE THAT IS THE SUBJECT OF THE CLAIM.

9. Indemnification.

You agree to defend, indemnify, and hold harmless 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 PSP-Oral History.com Site. The foregoing indemnification obligation shall survive termination of these Terms and the PSP-Oral History.com Site and any product or service provided to you arising out of or relating to your use of the PSP-Oral History.com Site.

10. Submissions.

Except as otherwise expressly provided herein or in the PSP-ORAL HISTORY.COM PRIVACY STATEMENT posted on the PSP-Oral History.com Site, any communication or material you transmit to PSP-Oral History 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.

11. 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.

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 the PSP-Oral History.com 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 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-Oral History, shall be in the state or federal courts located in the Eastern District of Pennsylvania or the Dauphin County Court of Common Pleas.


 

Pennsylvania State Police-Oral History Project in Association with PSP-HEMC., All rights reserved worldwide Legal Disclaimer Copyright
PSP-Oral History Terms of Use Agreement:
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