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.