Welcome to trsite.org. Thank you for visiting this website.
These Terms of Use, together with the Privacy Policy that can be accessed by clicking the Privacy link at the bottom of the trsite.org home page (the “Privacy Policy”), constitute a legally binding agreement between Theodore Roosevelt Inaugural Site Foundation (the “TR Site”) and you. In these Terms of Use, the TR Site is sometimes referred to as “we” or “us” or “our”.
Age Restrictions
You must be 18 years of age or older (or the age of majority, if higher) to order merchandise such as books at our online webstore (“Merchandise”), or to use the trsite.org website, as well as any TR Site social media pages, postings, blogs, videos, or related apps and materials. Collectively, the trsite.org website, social media pages, postings, blogs, videos, and related apps and materials are referred to as the “Website”.
Database
From time to time, the Website may include a TR Site or third party page, app or database that you are authorized to access, and such page, app or database shall be referred to in these Terms of Use as a “Database.”
Legally Binding Agreement; Updates
By ordering Merchandise or accessing the Website, or a Database you agree to be legally bound by these Terms of Use and the Privacy Policy. The TR Site reserves the right to update these Terms of Use and the Privacy Policy at any time without prior notice. By continuing to access the Website or order Merchandise, you will be legally bound by the then-current Terms of Use and Privacy Policy.
Governing law
Theodore Roosevelt Inaugural Site Foundation is a New York education corporation. The laws of the State of New York (without application of New York’s conflict of laws rules) shall govern all matters under these Terms of Use. To the fullest extent allowed by law, you hereby consent to the exclusive jurisdiction and venue of the courts located in Buffalo, New York for all disputes arising out of, or relating to, the Terms of Use, the Website, Merchandise, or any Database.
Copyright Notice
Except for materials submitted by you or other persons or entities or taken from the public domain, all text, artwork, graphics and other works of authorship created by or for the TR Site and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of the TR Site.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512, part of the Digital Millennium Copyright Act, notifications of claimed copyright infringement must be sent to our designated agent (the “Designated Agent’):
Paul J. Zwirecki
Theodore Roosevelt Inaugural Site Foundation
Attn: Copyright Infringement
641 Delaware Ave.
Buffalo, New York 14202
U.S.A.
Phone 716-884-0095
Email: webmaster@trsite.org
IMPORTANT: The foregoing contact is for copyright claims only. All other inquiries and concerns should be directed to the TR Site via the Contact Us page of the Website.
To be effective, the copyright claim must be a written communication that includes the following:
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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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, its 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 infringed.
Use of Website materials
You may access, print or download one copy of information from the Website for your personal non-commercial use only, provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of the TR Site. Examples of prohibited actions include, without limitation, unauthorized copying of the Website content, framing the Website content, the use of bots or spiders or other similar electronic processes that may become available to scrape data from the Website, or using Website materials to create your own website.
The TR Site reserves the right, in its sole discretion and at any time, to disable your access to one or more features of the Website or terminate or suspend your account without notice. If we take action against your account, you will not open another account without our permission, which we may withhold in our sole discretion. If we terminate or suspend your account because of your breach of these Terms of Use or other harmful activity by you, no portion of fees paid by you will be refunded except as otherwise required by law. If we decide to suspend your access for any reason other than a breach or harmful activity by you, we will refund to you the portion of your membership or access fee corresponding to the unused portion of the relevant time period.
You may not engage in any activity related to the Website, Merchandise or any Database in any manner that is unlawful or that violates the rights of the TR Site or any third party.
You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.
Your access to the Database, if any, must be solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use. You agree to use our products only lawfully permitted reasons.
International Use
You agree not to download or otherwise export any items in violation of United States export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside the United States.
Ordering for Third Parties
If you use the Website to submit requests for or on behalf of a third party (“Third Party”), you are responsible for all Submissions and orders that you transmit. Despite the fact that you are submitting requests on behalf of a Third Party, you are directly responsible under these Terms of Use for fulfilling all user obligations and paying all applicable fees, charges and indemnification amounts.
Payment
The different payment options and services offered will be published on the relevant portion of the Website at the time a Database, Merchandise or other service or item is offered or renewed. The terms and conditions applying to such memberships or other services or Merchandise will be incorporated into these Terms and Conditions. You must be 18 years or older to enter into any purchase or license through this Website. You agree to pay using a valid credit card or debit card (“Payment Method”) and affirm that you are authorized to use such Payment Method. We reserve the right to suspend use of the Website or any portion thereof to any delinquent account without notice. You agree to provide us with accurate payment information. You further agree that we may store and use the payment information you provide (including without limitation credit or debit card information) for use in maintaining your account and billing fees for future authorized purchases.
Refunds
Membership fees paid to Theodore Roosevelt Inaugural Site Foundation, a New York education corporation, are non-refundable. Payments for Merchandise are subject to a limited warranty as set forth in the TR Site Online Merchandise Sales Terms and Conditions. Membership constitutes support of Theodore Roosevelt Inaugural Site Foundation, a 501(c)(3) organizations.
Renewal
Memberships will expire at the indicated date. We will attempt to notify you via e-mail to invite you to renew your membership. If you do not renew your membership, you may lose access to various features of the Website.
Prices Subject to Change
Prices set forth at the Website may be changed by the TR Site at any time.
Materials that you transmit
You, and not the TR Site, are solely responsible for all text, photos, images, data, audio, video, and other materials of any kind (“Submissions”) that you upload, post, email or otherwise transmit (collectively, “transmit”) via any portion of the Website. By transmitting your Submissions to the TR Site or a Third Party Provider (as hereinafter defined), you are certifying to us that you have the right to use and submit the Submissions and to authorize us to post an on-line memorial or otherwise use the Submissions for the purpose indicated. You agree not to use the Website to transmit: any Submissions that are in the TR Site’s sole discretion unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
The TR Site does not endorse the contents of any Submissions and expressly disclaims any and all liability in connection with Submissions. We disclaim any responsibility for prescreening or monitoring Submissions. However, we have the right at our sole discretion to remove or delete any Submissions that you transmit or attempt to transmit, to terminate your access to the Website, to close your account, and to reject any orders, all without giving our reason for doing so.
The TR Sie is not responsible for the loss or damage of your Submissions. We are not obligated to store and preserve your Submissions. We may delete all Submissions in our sole discretion. If you desire a copy of your Submissions, you should arrange to independently record or preserve your Submissions. We will make available to a member a copy of the member’s submission(s) for a nominal charge.
When you use the Website, you represent and warrant that all login information, credit card information or other information that you submit is truthful and accurate, and that you will maintain the accuracy of such information. You must provide a valid email address and any other information requested by the TR Site to complete any order. You are responsible for maintaining the confidentiality of your password and other login information and are fully responsible for all activities that occur under your account. We cannot and will not be liable for any loss or damage from your failure to comply with this obligation. You agree to immediately notify the TR Site of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
Indemnification
You hereby agree to indemnify and hold harmless the TR Site and its members, managers, trustees, officers, employees, and agents, from and against any and all liability, cost and expense, including without limitation reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, Merchandise, any Database and any linked sites.
Submissions of other users
You acknowledge that in using the Website you may be exposed to Submissions of other users and that the TR Site is not responsible for the content of those Submissions. You further acknowledge that you may be exposed to Submissions of other users that are inaccurate, offensive, indecent or otherwise problematic or objectionable.
Third Party Products, Services and Links
The Website may contain links to third party sites or resources, as well as third party products or services, that are not under the control of the TR Site. Such links, products and services are provided to you as a convenience only, and the TR Site is not responsible for any such site, product or service. The inclusion of such items does not imply that the TR Site endorses or accepts any responsibility for the content or the use of them. If you use third party links, products or services, you will be subject to the third party’s Terms of Use, Privacy Policy, and other contractual provisions.
Grant of License to You
If from time to time the Website includes a Database, the TR Site grants you a non-exclusive, non-transferable, revocable license to use the Database for personal, non-commercial purposes and strictly subject to any and all limits imposed by the TR Site on the level of access you may be given concerning a Database. You may not modify, disassemble, decompile, hack or reverse engineer a Database except as otherwise provided by law, or rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Database to a third party, or make any copies of a Database. You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of any Database, or delete the copyright and other proprietary rights notices related thereto. You acknowledge that the TR Site may from time to time modify a Database, disable a Database, and make prior versions of a Database unavailable.
Government End Users.
If any TR Site materials (including without limitation the Website and any Database) are being licensed on behalf of the United States Government, then the U.S. Government agrees that said materials were developed at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of the Database by the U.S. Government are subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III)(June 1987), as applicable.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF USE OR THE RELEVANT TR SITE USER AGREEMENT OR TR SITE ONLINE MERCHANDISE SALES TERMS AND CONDITIONS, THE WEBSITE AND THE MERCHANDISE AND ANY DATABASE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR WARRANTIES RELATED TO BEING ACCURATE, SAFE, AVAILABLE, UNINTERRUPTED, DEFECT-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE TR SITE, ITS MEMBERS, MANAGERS, TRUSTEES, OFFICERS, EMPLOYEES, OR AGENTS, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, MERCHANDISE OR ANY DATABASE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC ITEM OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
EXCLUSION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE TR SITE, ITS MEMBERS, MANAGERS, TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous
Except to the extent that a TR Site User Agreement and/or TR Site Online Merchandise Sales Terms and Conditions applies, this Agreement represents the entire agreement between the TR Site and you with respect to the Website, Database and Merchandise. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.
