Welcome to the Markerhistory.com web site (the "Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
PRIVACY
You should review our Privacy Policyhttp://www.art.com/asp/customerservice/privacy_policy-asp/_/posters.htm?ui=9D7B095CEF934A5D97450E8583B63245, which also governs your visit to the Site, to understand our privacy practices.
LICENSE AND SITE ACCESS
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose, except as provided under our Affiliate Program;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;
- engage in any activity that interferes with the Site or another user’s ability to use the Site;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
ELECTRONIC COMMUNICATIONS
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
COPYRIGHT
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Markerhistory.com or its content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Markerhistory.com is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Markerhistory.com and are protected by U.S. and international copyright laws. All software used on the Site is the property of Markerhistory.com or its software suppliers and is protected by United States and international copyright laws.
TRADEMARKS
Certain marks used on the Site are trademarks or service marks of Markerhistory.com or our affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Markerhistory.com or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than Markerhistory.com or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by Markerhistory.com or our affiliated companies that appear on the Site are the property of their respective owners, and may or may not be used without their prior written consent.
REVIEWS, COMMENTS AND QUESTIONS
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to questions@markerhistory.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
PRICING
Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Site. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR A CONFORMING REPLACEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement. Any dispute relating in any way to your visit to or use of the Site shall be adjudicated in any state or federal court in Richmond, Virginia, and you consent to exclusive jurisdiction and venue in such courts.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
CONTACT US
Marker History LLC
1304 Washington Avenue
Fredericksburg, VA 22401
SUBJECT TO CHANGE WITHOUT NOTICE