Data and information is provided for informational purposes only, and is not intended for trading, pricing, or purchasing purposes. WHACO! Is not liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing the WHACO! site, a user agrees not to redistribute the information found therein.
1. ACCEPTANCE OF TERMS
Welcome to WHACO! The Washington Historical Autograph and Certificate Organization (WHACO!) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.whaco.com/terms/. In addition, when using particular WHACO! services, you and WHACO! shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. WHACO! also may offer other services from time to time that are governed by different TOS.
2. DESCRIPTION OF SERVICE
WHACO! currently provides users with access to a collection of on-line resources, including, various galleries, online news articles, and databases as part of the WHACO! "Service". Some Service is reserved exclusively to Members as described in Section 4. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WHACO! properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that WHACO! assumes no responsibility for the timeliness, deletion, or mis-delivery of information.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to not reproduce in whole or in part in any form or medium without express written permission of WHACO!
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
The WHACO! Database is for WHACO! "Members" only. You will receive a password and account designation upon obtaining WHACO! Membership (application is available at http://www.whaco.com/reg.htm. As a Member, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify WHACO! of any unauthorized use of your password or account or any other breach of security. WHACO! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. MODIFICATIONS TO SERVICE
WHACO! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WHACO! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WHACO!, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service if WHACO! believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WHACO! may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WHACO! may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that WHACO! shall not be liable to you or any third-party for any termination of your access to the Service.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WHACO! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WHACO! has no control over such sites and resources, you acknowledge and agree that WHACO! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WHACO! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. WHACO!'s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary database used in connection with the Service ("Database") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WHACO! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Database, in whole or in part.
WHACO! grants Members a personal, non-transferable and non-exclusive right and license to use the Database; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source data, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Database. You agree not to modify the Database in any manner or form, or to use modified versions of the Database, including (without limitation) for the purpose of obtaining unauthorized access to the Database. You agree not to access the Service by any means other than through the interface that is provided by WHACO! for use in accessing the Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHACO! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WHACO! MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR DATABASE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHACO! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHACO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHACO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. SPECIAL ADMONITION FOR SERVICES RELATING TO COLLECTING MATTERS
If you intend to receive or request any Database information for the express purpose of establishing a price for a collectible item or making a purchase decision, please read the above Sections 11 and 12 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the buyer beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading, pricing, or purchasing purposes. WHACO! shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any , pricing, or purchasing decisions made based on such information.
15. TRADEMARK INFORMATION
WHACO!, the WHACO! logo, and WHACO! News trademarks and service marks, and other WHACO! logos and product are trademarks of the Washington Historical Autograph and Certificate Organization (WHACO!), Inc. Without WHACO! 's prior permission, you agree not to display or use in any manner, the WHACO! Marks.
WHACO! respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WHACO! the following information:
1. a description of the copyrighted work that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the site;
3. your address, telephone number, and email address;
4. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WHACO! 's Executive Director, George Teas, can be reached by email at firstname.lastname@example.org.>
17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WHACO! and govern your use of the Service, superceding any prior agreements between you and WHACO!. The TOS and the relationship between you and WHACO! shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and WHACO! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia. The failure of WHACO! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com