The use of the chessieshop.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website under Policy (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing or making a purchase, constitutes your acknowledgment that you have read the Terms and Conditions and that you agree to follow and be bound by them. Chesapeake & Ohio Historical Society (C&OHS) reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.
Please note that the guidelines, policies and other terms and conditions of use and sale at the C&OHS retail store, trade shows, and published advertisements may vary.
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the content, (b) do not modify or alter the Content in any way and (c) do not make the content available to any third party. C&OHS reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website for only lawful purposes. The following activities are strictly prohibited: (I) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
The C&OHS logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by C&OHS. All Content is copyrighted as collective work under the U.S. and international copyright laws and C&OHS owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content on this Website. Except as provided above, you may not copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, or frame the Content in any manner or sell or attempt to sell the Content.
Submissions to www.chessieshop.com and Affiliated Servers
Any remarks, suggestions, ideas, messages and data submitted by you to C&OHS through this Website or other C&OHS affiliated websites (collectively, the Messages") shall be and remain the exclusive property of C&OHS. Therefore, C&OHS discourages you from submitting Messages that you do not wish to assign to C&OHS, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to C&OHS, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to C&OHS of all worldwide right, title and interest and to all entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Modification of Content
C&OHS attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, C&OHS does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. C&OHS reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, C&OHS reserves the right to refuse or cancel any orders containing any error, incaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, C&OHS shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to C&OHS.
Placing an Order
The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
You may purchase merchandise from this Website by using any major credit card. C&OHS reserves the right to change its payment procedures at any time without prior notice to you.
C&OHS charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO , ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. C&OHS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF C&OHS, WHETHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: ( A ) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ( B ) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND ( C ) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT C&OHS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILALBE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
C&OHS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE.
C&OHS reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
C&OHS may display advertising prints for products sold through this Website. C&OHS attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL C&OHS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF C&OHS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATIFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN C&OHS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Virginia, without giving effect to any principles or conflicts of laws.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by C&OHS. Such links are provided for your convenience only. C&OHS makes no representations whatsoever about any Third Party Sites which you may access through this Website, as C&OHS has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. You are encouraged to review the applicable privacy policies of such Third Party Sites.
The Terms and Conditions constitute the entire agreement between you and C&OHS with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and C&OHS with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by C&OHS. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.