- Assent to Agreement
BY USING THIS WEB SITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (THIS AGREEMENT) IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD WRITTEN YOUR NAME ON A CONTRACT. IF YOU ARE DEEMED TO HAVE ORDERED GOODS OR SERVICES LISTED ON THIS WEB SITE, THEN ACCEPTANCE BY THE OLD FORT NIAGARA ASSOCIATION, INC. (OLD FORT NIAGARA) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY OLD FORT NIAGARA, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS WEB SITE. This Web site is provided by Old Fort Niagara and may be used for informational purposes only. If the user is not an individual, the “you” means your company, its officers, members, agents, successors, and assigns.
- Restrictions on Use
Except as otherwise permitted in writing by Old Fort Niagara, no materials from the Old Fort Niagara Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Old Fort Niagara Web site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Old Fort Niagara Web site for public or commercial purposes, including any text, images, audio, or video without Old Fort Niagara’s written permission. You may not mirror any material contained on this Web site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, service mark, or other proprietary information (including images, text, page layout, or form) of Old Fort Niagara without express written consent. You may not use any metatags or any other “hidden text” using Old Fort Niagara’s name, trademarks, or service marks without the express written consent of Old Fort Niagara. Any unauthorized use terminates the permission or license granted by Old Fort Niagara.
- Intellectual Property
All content included on this Web site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the Materials) is the property of Old Fort Niagara or its content suppliers and is protected by copyrights, trademarks, service marks, or other proprietary rights, and these rights are valid and protected in all forms, media, and other technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Old Fort Niagara owns a copyright in the selection, coordination, arrangement, and enhancement of such content. All software used on this Web site is the property of Old Fort Niagara or its software suppliers and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the Web site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Web site, except as specifically permitted below, is strictly prohibited. Old Fort Niagara is a service mark of the Old Fort Niagara Association, Inc. All other marks, names, and logos mentioned on the Old Fort Niagara Web site are the property of their respective owners. Your use of the Old Fort Niagara service mark is strictly prohibited.
- Limited License
Old Fort Niagara grants you a limited, nonexclusive, non-transferable personal license to access, display, and copy the Materials on the Old Fort Niagara Web site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
- Representations and Warranties
By using this Web site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this Web site in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Old Fort Niagara for any purpose.
- Disclaimer of Warranties
You expressly agree that the use of the Old Fort Niagara web site is at your sole risk. Neither Old Fort Niagara, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Old Fort Niagara Web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Old Fort Niagara Web site, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Old Fort Niagara does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the Web site. Old Fort Niagara reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web site. Old Fort Niagara may make other changes to the Web site, the Materials, and the products, programs, services, or prices (if any) described in the Web site at any time without notice.
THIS WEB SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE WEB SITE ARE PROVIDED BY OLD FORT NIAGARA ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. OLD FORT NIAGARA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE OLD FORT NIAGARA WEB SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. OLD FORT NIAGARA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE OLD FORT NIAGARA WEB SITE, OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE OLD FORT NIAGARA WEB SITE OR YOUR USE OF THE OLD FORT NIAGARA WEB SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liabilities
YOU AGREE THAT OLD FORT NIAGARA AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE OLD FORT NIAGARA WEB SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL OLD FORT NIAGARA OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE OLD FORT NIAGARA WEB SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE OLD FORT NIAGARA WEB SITE, YOUR USE OF, OR INABILITY TO USE, THE OLD FORT NIAGARA WEB SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER OLD FORT NIAGARA OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Old Fort Niagara, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Web site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
- Dispute Resolution
Any dispute relating in any way to your use of the Old Fort Niagara Web site shall be submitted to confidential arbitration in Niagara County, New York, except that, to the extent you have in any manner violated or threatened to violate Old Fort Niagara’s intellectual property rights, Old Fort Niagara may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The Arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arise.
- Term and Termination
Without limiting its other remedies, Old Fort Niagara may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to the Old Fort Niagara Web site.
- Hyperlink Disclaimer
As a convenience to you, Old Fort Niagara may provide, on this Web site, links to Web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Site, you will leave this Web site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g. hot links, hypertext links, IMG links, etc.) are not maintained, controlled, or otherwise governed by Old Fort Niagara. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Old Fort Niagara. Old Fort Niagara does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Old Fort Niagara. Links do not imply that Old Fort Niagara or this Web site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Old Fort Niagara or any of its affiliates or subsidiaries. Except for links to information authored by Old Fort Niagara, Old Fort Niagara is neither responsible for, nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Old Fort Niagara reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
- Choice of Law and Venue
This Web site is controlled, operated, and administered by Old Fort Niagara from its offices within Youngstown, New York, United States of America. Old Fort Niagara makes no representation that Materials at this Web site are appropriate or available for use at other locations outside of the United States of America, and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of U.S. export laws and regulations. If you access this Web site from locations outside of the United States of America, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. This is the case regardless of whether you reside or transact business with Old Fort Niagara in New York or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Niagara County, New York.
- Entire Agreement
This Agreement constitutes the entire agreement between Old Fort Niagara and you with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Old Fort Niagara with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Modifications to Agreement
Old Fort Niagara may revise this Agreement at any time, and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Old Fort Niagara does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreements, whether or not such terms or conditions are signed by Old Fort Niagara. Old Fort Niagara reserves the right to make changes to this Web site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this Web site.
- Our Policy Concerning Children
Old Fort Niagara’s Web site is not intended for unsupervised use by children. If you are under 13 years of age, you may use the Old Fort Niagara Web site only under the supervision and with the involvement of a parent or guardian. Persons under 18 years of age may not purchase goods or services from this Web site.
- Designated Agent
Pursuant to Section 512 (c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Old Fort Niagara designates an agent as described below to receive notifications of claimed infringement:
Propaganda by Design
1815 Military Road, Kenmore, NY 14217
tel (716) 316-3707
- Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Old Fort Niagara Web site, including, but not limited to, any consent you give to receive communications from Old Fort Niagara solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent,” or similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.