Terms and Conditions
License to Use the Site
Affordable Preservation Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms or any applicable law or regulation.
Changes to Terms and Conditions
Affordable Preservation Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of such changes.
Affordable Preservation Company owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Affordable Preservation Company is the owner of the copyright in the entire Site. Affordable Preservation Company owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit, the Site or any portion thereof for any public or commercial use without the express written permission of Affordable Preservation Company You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Affordable Preservation Company and its affiliates or the copyright holder identified in the specific Content’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading Content. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Affordable Preservation Company and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
Change to Site or Content
Affordable Preservation Company shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. Affordable Preservation Company may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Acceptable Use Policy
As a condition of your use of the Site, you warrant to Affordable Preservation Company that you:
Will only use the Site for lawful purposes and in accordance with these Terms;
Agree to honor our intellectual property rights;
Agree to provide us with accurate information as necessary to the proper conduct of electronic commerce through the Site and to take responsibility for the information you provide;
Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate;
Agree not to create a link (other than personal “bookmark” or “favorites” entry) to the Site without first obtaining our written permission; and
Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through the Site.
Monitoring, Editing and Disclosure of User Material
You agree that Affordable Preservation Company has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other operating rules that Affordable Preservation Company may establish from time to time in its sole discretion. Notwithstanding this right of Affordable Preservation Company, Affordable Preservation Company does not and cannot review all materials posted to the Site by users, and Affordable Preservation Company is not responsible for any such materials posted by users. Affordable Preservation Company reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Affordable Preservation Company sole discretion, such materials are objectionable or in violation of these Terms.
You shall indemnify, defend and hold harmless Affordable Preservation Company and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the ‘Indemnified Parties’) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees and expenses) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Affordable Preservation Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Affordable Preservation Company.
Links to Other Web Sites
The Site may contain links and pointers to the other Web sites, resources, and sponsors of the Site. Links to and from third party Web sites do not constitute an endorsement by Affordable Preservation Company or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Affordable Preservation Company or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Affordable Preservation Company or any of its affiliates. You should direct any concerns regarding any external link to the applicable site administrator or webmaster. Affordable Preservation Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Affordable Preservation Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AFFORDABLE PRESERVATION COMPANY NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SITE OR THE SOFTWARE USED ON, MADE AVAILABLE OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. AFFORDABLE PRESERVATION COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO AFFORDABLE PRESERVATION COMPANY’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL AFFORDABLE PRESERVATION COMPANY , ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR GOODWILL, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF AFFORDABLE PRESERVATION COMPANY , ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Affordable Preservation Company’s Rights to Materials Provided by Users
Affordable Preservation Company welcomes your comments regarding the Site and our merchandise and services made available through the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Affordable Preservation Company and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively ‘Communications’) to or within the Site, you grant to Affordable Preservation Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Affordable Preservation Company of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Affordable Preservation Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Affordable Preservation Company is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Affordable Preservation Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Affordable Preservation Company or any Affordable Preservation Company affiliate or subsidiary other than pursuant to these Terms. Affordable Preservation Company shall not be responsible for the payment of any monies to any party in connection with Affordable Preservation Company‘s use of Communications submitted by you to the Site.
Non-United States Residents
Affordable Preservation Company makes no representation that materials or Content in or on the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you choose to access the Site from locations outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. With respect to shipments of merchandise purchased on the Site, title to the merchandise shall pass to the buyer upon delivery of the merchandise by Affordable Preservation Company or its agent to the common carrier.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or relating to these Terms shall be an appropriate State or Federal court located in Los Angeles County in the State of California and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between you and Affordable Preservation Company with respect to the subject matter hereof, and supersede all previous written or oral agreements between Affordable Preservation Company and you with respect to such subject matter. No waiver by either you or Affordable Preservation Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal importance.