|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.
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
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.
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.
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
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.
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.
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.
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.
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.