Terms of Use
americanantiquarian.org (the "Site")
Welcome
Welcome to The American Antiquarian Society's Online Store. If you visit
or shop on our Site, you accept these terms of use.
Your Account
If you use this Site, you are responsible for maintaining the
confidentiality of your account (and password) and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account. The American
Antiquarian Society reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
Electronic Communications
When you visit our Site or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this Site. You agree that all agreements, notices, disclosures
and other communications that we provide to your electronically satisfy
any legal requirement that such communications be in writing.
Payment
Only credit card orders with a Visa or MasterCard will be accepted on this
Site. Payment must be made in U.S. Funds.
Discounts
All Members of the American Antiquarian Society will receive a 10%
discount on the total purchase of goods at checkout.
Security
Protecting the privacy and confidentiality of our customers is of utmost
importance to The American Antiquarian Society. All transaction and
sensitive information are encrypted before being sent over the Internet
using a Secure Sockets Layer (SSL).
In order to shop securely online using a Secure Online Ordering system,
you.ll need to use Netscape 2.0 and higher, or Microsoft Internet 3.0 or
higher, which both support SSL (Secure Sockets Layer) and encrypt your
credit card and personal information before transmitting your order.
Please note that if your browser does not offer you SSL security, your
information will not be encrypted when transmitting over the Internet. If
you are more comfortable, you may telephone the American Antiquarian
Society at 508-755-5221 or send a fax to place your order to 508-753-3311
(fax).
Shipping and Risk of Loss
A shipping and handling charge will be applied at the Checkout.
Please allow up to two weeks after we ship your order for delivery by the
US Postal Service. Alternative shipping arrangements are available at an
additional charge. During peak holiday seasons, please allow ample
delivery time when choosing the US Postal Service to deliver your
packages. The risk of loss and title to items purchased on this Site pass
to you upon delivery of goods to the U.S. Postal Service or the carrier.
Orders requiring Rush Delivery must be placed over the phone by calling
508-755-5221.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY THE AMERICAN ANTIQUARIAN SOCIETY ON AN .AS IS.
AND .AS AVAILABLE. BASIS. THE AMERICAN ANTIQUARIAN SOCIETY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AMERICAN ANTIQUARIAN
SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE AMERICAN ANTIQUARIAN SOCIETY DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE AMERICAN ANTIQUARIAN
SOCIETY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE
AMERICAN ANTIQUARIAN SOCIETY NOR ANY OF ITS EMPLOYEES, COUNCILORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
Indemnification
You agree to defend, indemnify and hold The American Antiquarian Society
and its employees, councilors, officers, agents, vendors and suppliers
harmless from and against any and all claims, damages, costs and expenses,
including attorneys. fees, arising from or related to your use of the
Site.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these
Terms of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of
any remaining condition.
Disputes
Any dispute relating in any way to your visit to our site or to products
you purchase through the Site shall be submitted to confidential
arbitration in Worcester, Massachusetts, except that, to the extent you
have in any manner violated or threatened to violate The American
Antiquarian Society's intellectual property rights, The American
Antiquarian Society may seek injunctive or other appropriate relief in any
state or federal court in The Commonwealth of Massachusetts, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be jointed to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
Applicable Law
By visiting our site, you agree that the laws of The Commonwealth of
Massachusetts, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might
arise between you and The American Antiquarian Society.
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