Terms of Service

The website and services are provided by Erie Canalway Heritage Fund, Inc., a New York State not-for-profit corporation (“we,” “us,” or “our”). These Terms of Service (the “Terms of Service”) govern your access to and use of the shop.eriecanalway.org website (the “Website”), all purchases on the Website, including without limitation the purchase of all products, goods, merchandise, and materials (the “Products”) on the Website, and all services provided via the Website (the “Services”). The term “you” or “your” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website, purchases the Products and/or uses the Services. Access to the Website, use of the Services, and purchase of the Products are subject to these Terms of Service and the Privacy Policy available on the Website. As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, employees, contractors and advertisers, and includes without limitation all parties involved in creating, producing, and/or delivering the Website and its contents, the Services, and/or the Products.

Acceptance of Terms

These Terms of Service apply to all Website visitors and by visiting or using the Website you agree to be bound by these Terms of Service. If you don’t agree with any term or condition in this Terms of Service, please don’t use the Website, purchase the Products and/or use the Services.

Minors

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this Website and the Services and Products provided herein only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

Eligibility for Use

We may, in our sole discretion, refuse to offer the Products and/or Services to any person or entity at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Website is prohibited or to the extent the offering, sale or provision of the Services or the Products conflicts with any applicable law, rule or regulation.

Website Content

You have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, stories, photos, images, videos, data, links, software, or other material accessible through the Website, whether created by us or provided by you or another person for display on the Website.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. The Content may contain certain historical information. Historical information is not always current and is provided for your reference only.

You may view, copy, download, and print Content that is available on this Website, so long as the Content is used solely for internal informational purposes only. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written consent or the consent of such third party that may own the trademark or copyright of material displayed on this Website.

Billing and Payments

All information that you provide to us, including your credit card information, is subject to the Privacy Policy. For all purchases made through the Website, your credit card will be charged by a third party payment service who will transfer and deliver the funds to us at the time of purchase. We are not responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, you authorize us to continue billing your credit card on file and seek payment by another method until payment is received.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Shipping and Risk of Loss

The Products purchased from this Website will be shipped by a third party carrier. As a result, title and risk of loss or damage for such Products will pass to you upon delivery of the Products to the carrier by us or our Affiliates. Shipping dates and/or arrival times given are only estimates.

Local Taxes

Your total price may include the price of the Products plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Products.

General Disclaimers

You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE, THE SERVICES, THE PRODUCTS, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION AND CONTENT ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS. We make no warranties of any kind regarding any sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RESPONSIBILITY AND RISK RELATED TO, THE USE OF THE PRODUCTS AND/OR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Medical Disclaimers

Your reliance on any of the content, information, or materials presented in this Website is at your own risk. Without limiting the generality of the foregoing, there is no guarantee that your results will be the same, or similar, as those described in this Website.

This Website contains general information only and may not be construed as medical, health, nutritional or dietary advice or instruction. No action or inaction should be taken based solely on the contents of this Website. Instead, you should consult appropriate health professionals on any matter relating to your health, nutrition, or diet and before beginning any challenge or series described in the Website. We do not claim to be a doctor, nutritionist, or dietitian and you should always consult with your own health professionals for appropriate examinations, treatment, diagnosis, testing, and care recommendations.

This Website represents personal experiences and is not meant to be tailored to you or any single user in any way. This Website is not intended to be a definitive set of instructions for you and you may discover there are other methods and materials to accomplish the same end result. Your results may differ. All specific medical, health, nutritional or dietary questions should be presented to your own health care professionals.

We and our Affiliates assume no responsibility and shall not be liable for any circumstances arising out of your use, misuse, interpretation or application of any content, information and materials provided from the Website. You agree to hold us and our Affiliates, agents and employees harmless from any and all liability for all claims for damages due to injuries or property damage, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of your use or misuse of the content, information and materials provided from this Website.

This Website includes information regarding the products and services of third parties. We do not assume responsibility for any third party materials or opinions. Use of mentioned third party materials is not an endorsement and does not guarantee that your results will mirror third party results or our own. Any reliance on the third party material is at your own risk.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO US.

Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any Product. When appropriate, you should seek independent professional advice.

Indemnification

By using this Website, the Services, or the Products, you agree to indemnify, hold harmless and defend us and our Affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your (i) use of this Website, the Services, or the Products, (ii) violation of any term of these Terms of Services; (iii) violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) violation, infringement, or misappropriation of any third party intellectual property rights.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of us and/or our Affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Unless otherwise agreed to, we do not claim ownership of Content submitted by users. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content on our Website, social media pages, newsletters, marketing materials, books, and other forms of media. This license shall remain in effect until we delete the Content from our systems. You represent and warrant that any Content you submit to us shall not violate, infringe upon, or misappropriate any third party intellectual property rights. Further, you irrevocably authorize and grant us and/or our Affiliates the right to display, use and/or otherwise exploit your name, image, likeness, voice, and appearance throughout the world, in all media, whether now known or hereafter devised, in perpetuity and in all forms, including advertising, publicity, or promotional purposes, without compensation, reservation, limitation or further approval.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Erie Canalway Heritage Fund, Inc.
PO Box 219
Waterford, NY 12188
518-237-7000
admin@eriecanalway.org

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Security

When you purchase Products or use the Services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

No Implied Endorsements

Unless specified otherwise, any reference to any third party or third party product or service shall not be construed as an approval or endorsement by us of that third party or of any product or service provided by that third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website. We do not endorse, warrant or guarantee any product or service offered by any third party through an online discussion medium accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Conduct on Website

Your use of this Website is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through this Website. You shall not, and shall not permit any third party to, take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on this Website, that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6. Impersonates any person or entity, including any of our employees or representatives.
Jurisdictional Issues

We make no representation that information on this Website, the Products or Services we provide are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s access to our Website or the Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or the Services.

Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. Any dispute relating in any way to your visit to, or use of, the Website, to the Products you purchase through the Website, or to your relationship to us shall be submitted to confidential arbitration in Saratoga County, New York; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Service will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined to an arbitration involving any other party subject to this Terms of Service, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.

YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIMS BROUGHT BY YOU AGAINST US MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Severability

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Terms of Service

These Terms of Service constitute the entire agreement and understanding between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Notice

Except as explicitly stated otherwise, any notice required or permitted by this Terms of Service must be in writing. Any notice to us must be sent to admin@eriecanalway.org. Any notice to you may be given: (1) to the email address you provide to us during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to us, in which case notice will be deemed sufficient three days after the mailing date.

Miscellaneous

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Modifications to Terms of Service

We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service for revisions. Changes in the Terms of Service will be effective when posted. If we make a material change, we will notify you here in this Terms of Service or by any other means we deem appropriate. We may determine, in our sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Your use of the Website and/or the Services after we have modified this posting will constitute your acceptance of any changes.

Contact

You may contact us at the following: admin@eriecanalway.org

Effective Date of Terms of Service: 09/05/2019