The effective date of this Agreement is January 1, 2009.
By accessing or using any features of this site, shop.aph.org (the "APH Shopping Site") operated by the American Printing House for the Blind, Inc. ("APH" "we" or "us"), you agree to be bound by these terms and conditions (collectively, "Terms and Conditions"). All visitors to and users of any aspects of the APH Shopping Site (collectively, "Users") are bound by these Terms and Conditions. We reserve the right to modify the Terms and Conditions at any time without prior notice to you.
Please note that the guidelines, policies and other terms and conditions of service and use of other websites affiliated with APH may vary from these Terms and Conditions.
These Terms and Conditions set out the legally binding terms with respect to your use of the APH website. Please read these Terms and Conditions carefully. Your access to and use of the APH Site constitutes your acceptance of all the provisions of these Terms and Conditions. If you are unwilling to be bound by these Terms and Conditions, you should not access or use the APH Site.
Changes to the APH Site
You agree and understand that the APH Site, including any and all features available via the APH Site, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the APH Site implemented after your initial access to the APH Site shall be subject to these Terms and Conditions. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites.
In order to access some features of the APH Site, you may be required to register and to select a password and user name ("User ID"). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms and Conditions, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password. Any User ID and password for your access to the APH Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms and Conditions, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the APH Site, except and to the extent expressly permitted under these Terms and Conditions;
- remove any copyright, trademark or other proprietary rights notice contained in or on the APH Site;
- reformat or frame any portion of any web pages that are part of the APH Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit or upload to the APH Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the APH Site, any other website, or any computer or other device or system, or the enjoyment of the APH Site by any User;
- use the APH Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the APH Site or the IT infrastructure used to operate and make the APH Site available;
- use the APH Site intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
As between you and us, the APH Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the APH Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms and Conditions shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the APH Site are the proprietary property of APH or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the APH Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the APH Site without the express written permission of the trademark owner.
Nothing in these Terms and Conditions shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
You expressly agree that your use of the APH site, and of any user content, information, advice, services, products, and other materials contained in or described on the APH site, is entirely at your own risk, and that all such information and materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, we make no, and hereby disclaim all, representations or warranties of any kind, express or implied, as to the availability, operation and/or use of the APH site, including but not limited to any user content provided via the APH site, and all other content, services, products, and other information and materials contained in or described on the aph site, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, we do not represent or warrant that the information and content accessible via the APH site is accurate, complete or current, and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the APH site, including but not limited to user content and all other content, services, products, and other information and materials contained in or described on the APH site. Further, we make no representations and warranties that the APH site will be uninterrupted, secure, or free of errors, viruses, or other harmful components. No advice or information, whether oral or written, obtained by any user from us or the APH site shall create any warranty not expressly stated herein.
APH reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the APH Site, APH reserves the right to cancel any orders resulting from such pricing errors.
APH attempts to display the colors of the products shown on the APH Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation on Liability
In no event shall APH or their respective affiliates, or the shareholders, directors, officers, members, managers, employees, agents or representatives of any of the foregoing, be liable to you or any third party for damages of any kind (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data) arising out of the use of, access to, reliance on, unavailability of, inability to use or improper use of the APH site, including but not limited to any user content, advice, services, products, and other information and materials contained in or described on the aph site, or the disclosure or misuse of any user’s personal information, even if they have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. In any event, APH’ respective total maximum liability in respect of the aph site or any part thereof, including but not limited to the user content, reviews, advice, services, products, and other information and materials contained in or described on the aph site, in any manner whatsoever, shall be limited to one hundred united states dollars ($100.00). This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
You agree to indemnify and hold APH and their respective, licensors, directors, officers, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the APH Site, (ii) your use of the APH Site, (iii) your violation of these Terms and Conditions, (iv) any use of your User ID or password by you or any third party, or (v) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
By visiting APH Site, you agree that the laws of the Commonwealth of Kentucky, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and APH Site.
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