Tolkien Archives
Purchase Agreement, Terms and Conditions
This Purchase Agreement (the "Purchase
Agreement") is between Tolkien-Archives.com, a Virginia online business, and you, the
Purchaser ("PURCHASER"). This Purchase Agreement contains the complete terms and
conditions of the "Tolkien-Archives.com Service".
BY AGREEING TO THESE TERMS AND CONDITIONS, PURCHASER REPRESENTS TO TOLKIEN-ARCHIVES.COM
THAT PURCHASER IS AT LEAST 18 YEARS OLD AND IS AUTHORIZED TO ENTER INTO THIS AGREEMENT, IS
ENTERING INTO THIS AGREEMENT ON PURCHASER'S OWN BEHALF, HAS INDEPENDENTLY EVALUATED THE
DESIRABILITY OF ENTERING INTO THIS AGREEMENT, IS NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE
STOREFRONT WILL NOT BE USED IN CONNECTION WITH ANY ILLEGAL PURPOSE. PURCHASER ACKNOWLEDGES
THAT NOTHING IN THIS AGREEMENT SHOULD BE CONSTRUED AS GUARANTEEING THE PURCHASE OF ANY
PRODUCT, OR THE GENERATION OF ANY COMMISSIONS OR REFERRAL FEES FROM PURCHASER'S OPERATION
OF THE STOREFRONT. AT ANY TIME UPON REQUEST BY TOLKIEN-ARCHIVES.COM, PURCHASER AGREES TO
SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. General Rules and Definitions
1.1 Purchaser agrees to abide by all of the terms and conditions contained in this
Agreement in order to become and remain an authorized Purchaser through
Tolkien-Archives.com.
1.2 "Tolkien-Archives.com Service" means Tolkien-Archives.com's E-commerce
Service, which allows Purchasers to purchase items listed on the site through a registered
financial Merchant.
1.3 "E-Commerce Service" means the Internet-based component of the
Tolkien-Archives.com Service, including the online item listing, Internet-based storefront
and web pages.
1.4 "Financial Merchant" means a
registered company that conducts financial transactions on behalf of a client.
1.5 Use of Tolkien-Archives.com by Purchaser also constitutes Purchaser's agreement with
the terms and conditions of this Purchaser Agreement. Tolkien-Archives.com reserves the
right, at its sole discretion, to change, modify, add or remove portions of this Agreement
at any time. Notification of changes will be posted on the Tolkien-Archives.com Web site,
sent via e-mail or sent via postal mail.
1.6 IF ANY FUTURE CHANGES IN OR ADDITIONS TO THIS PURCHASER AGREEMENT ARE UNACCEPTABLE TO
PURCHASER, OR CAUSE PURCHASER TO NO LONGER BE IN COMPLIANCE WITH THIS AGREEMENT,
PURCHASER'S ONLY RECOURSE IS TO TERMINATE THIS PURCHASER AGREEMENT BY CLOSING SAID
PURCHASERS STORE BY VISITING THE HELP TAB OF THE WEBSITE OR SENDING AN E-MAIL TO: JELEWIS8. PURCHASER'S CONTINUED USE OF
THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN OR ADDITIONS TO THIS
AGREEMENT WILL CONSTITUTE A BINDING ACCEPTANCE BY PURCHASER OF SUCH CHANGES AND OR
ADDITIONS.
1.7 Tolkien-Archives.com may change, suspend or discontinue any aspect of the
Tolkien-Archives.com Service at any time.
1.8 Purchaser's relationship to Tolkien-Archives.com is one of a customer. No
employer-employee, agency, joint venture, franchise, sales representative or partnership
relationship is created by this Agreement or Purchaser's use of the Tolkien-Archives.com
Services.
1.9 Purchaser may not modify, create derivative works from, reverse engineer, decompile or
disassemble Tolkien-Archives.com Services, or any portion thereof.
2. Intellectual Property Notices
2.1 All contents of the Tolkien-Archives.com Web site and all Tolkien-Archives.com
Services are protected by copyright laws and international treaty provisions.
Notwithstanding anything to the contrary in this Agreement, as between Purchaser and
Tolkien-Archives.com, Tolkien-Archives.com shall own any and all rights, including
copyrights, in and to the Tolkien-Archives.com Services and business, including, but not
limited to the concepts, ideas, know-how, processes and procedures and architecture and
design templates underlying or part of the Tolkien-Archives.com Services, and
Tolkien-Archives.com shall have the right to obtain such trademark and copyright
registrations, patents or other protection as it may desire in connection with the
Tolkien-Archives.com's Services. Notwithstanding the foregoing, Tolkien-Archives.com shall
not own any text, graphics, images, designs and "look and feel" provided by
Independent Clients or Partners.
2.2 Subject to the foregoing, Purchaser and Tolkien-Archives.com mutually acknowledge that
each party owns the intellectual property rights in its own products, services and images,
including without limitation rights protected by patent, copyright, trademark, trade
secret and right of publicity laws. Nothing in this Agreement creates, or is intended to
create, any right, title or interest for the benefit of one party in the intellectual
property rights of the other party.
2.3 Tolkien-Archives.com reserves the right to terminate this Agreement and remove the
Service from the Internet without notice for any reason, or for no reason.
3. Tolkien-Archives.com shall not be responsible for the content of pages hosted under its
service. Tolkien-Archives.com does review pages for content before they are posted, but
any anomolous or incorrect data is considered as a hazard of production, and
Tolkien-Archives.com does not verify, endorse or otherwise take responsibility for the
contents of incorrect pages. Notwithstanding, Tolkien-Archives.com reserves the right to
remove any page from its servers which it determines is in need of alteration or deletion.
4. Tolkien-Archives.com may not terminate Purchaser accounts, as these accounts are held
by a third Party (PayPal). However, Tolkien-Archives.com retains the right to deny
Purchaser from purchasing any items if Tolkien-Archives.com believes Purchaser intending
misuse of the Service and is planning harmful activities to the business of
Tolkien-Archives.com, any of its users, or alliances.
5. Payment, Transactions, Refunds
5.1 Payment: Whereupon the Purchaser has chosen a selection to purchase from the
Tolkien-Archives.com Service, the Purchaser will do the following: If the Purchaser
has not applied for an account with the Financial Merchant, the Purchaser will apply for
an account with the Financial Merchant; If the Purchaser already has an account with the
Financial Merchant, the Purchaser will verify their selection for purchase. Having
created an account with the Financial Merchant, the Purchaser will have submitted for use
with the Financial Merchant Credit Card or Checking Account information. The
Purchaser will include in the order shipping information to a Confirmed Address.
Upon submission of the order, The Purchaser will receive a receipt of their purchase
through the Financial Merchant. Within two weeks (14) days following the end of each
calendar month, the item or items which have been ordered will be shipped via authorized
Shipper to the Purchaser at the Confirmed Address.
5.2 Transactions: Certain items shown
on Tolkien-Archives.com storefront may include shipping and handling. The
Tolkien-Archives.com Service has full rights to change fees at any time, for any reason,
or for no reason. All fees will be paid through Financial Merchant, and by
extension, all transactions will be performed through the services of the Financial
Merchant.
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Please do my paper. Bob, look here Buy Book Reports,- research paper help. 5.3 Refunds: Purchaser retains the
right to request a refund if made within ten (10) days of Purchase.
6. Availability
6.1 Tolkien-Archives.com does not warrant any availability of the Tolkien-Archives.com
Services. Tolkien-Archives.com Services may be suspended from time-to-time for scheduled
maintenance, for unscheduled down-time or for any other reason without notice.
Tolkien-Archives.com is not responsible for any deletion, alteration or loss of data due
to network or system outages, file corruption, accidental deletion or any other reasons.
Tolkien-Archives.com makes no guarantees as to server reliability, speed or consistency,
and cannot be held liable for such. Purchaser understands that the Tolkien-Archives.com
Services are available on an "as-provided" basis.
6.2. Tolkien-Archives.com and its alliance Partners or Clients make no guarantee of the
accuracy, correctness or completeness of any information on these web pages and are not
responsible for any errors or omissions arising from the use of such information, any
failures, delays or interruptions in the delivery of any content or services contained
Tolkien-Archives.com's server, or losses or damages arising from the use of the content or
services provided by Tolkien-Archives.com.
6.3. Tolkien-Archives.com may also link to or include on its Web site resources and
information provided by third party alliance Partners and Clients. Tolkien-Archives.com
does not guarantee the reliability of this information, nor does the inclusion of this
information imply Tolkien-Archives.com's recommendation of these alliance Partners and
Clients.
7. Termination
7.1 Either Tolkien-Archives.com or Purchaser may terminate this Purchaser Agreement for
any reason at any time. Upon expiration or termination of this Purchaser Agreement, each
party shall: (a) immediately cease conduction of transactions through the Service and (b)
immediately cease holding itself out, in any manner, as a participant in the program as
contemplated by this Agreement. Termination or expiration of this Agreement shall not
prejudice any claim of either party accrued on account of any default or breach of the
other.
7.2 If Tolkien-Archives.com terminates the Agreement, Tolkien-Archives.com will send
either an email or a postal letter to the Purchaser if Purchaser has supplied either of
these two addresses. If the Purchaser has not supplied a currently valid email or postal
address, Tolkien-Archives.com may terminate this Agreement without any notice.
7.3 In the event that Purchaser violates the intellectual property rights of a third
party, this Agreement may be terminated immediately without notice.
8. Indemnification: Purchaser indemnifies and agrees to defend and hold
Tolkien-Archives.com and its affiliates, officers, employees, agents and representatives
harmless from any claim, demand, action, damage, loss, costs or expenses, including
reasonable attorneys' fees relating to Purchaser's use of Tolkien-Archives.com Services or
any violation of this Agreement, including but not limited to Purchaser's infringement of
the intellectual property rights of a third party. Furthermore, Purchaser indemnifies and
agrees to defend and hold Tolkien-Archives.com and its affiliates, officers, employees,
agents and representatives harmless from any claim, demand action, damage, loss, costs or
expenses, including reasonable attorneys' fees, relating to: (a) the text, graphics,
images, designs and "look and feel" provided by Tolkien-Archives.com; (b) the
Tolkien-Archives.com Web site, including, but not limited to any links on such site other
than the online store portion provided by Tolkien-Archives.com; (c) any actions of
Purchaser, including but not limited to its use of information gathered by
Tolkien-Archives.com or such Web site; or (d) any infringement action involving
Purchaser's text, graphics, images, designs and/or "look and feel" and/or Web
site.
9. Representations and Warranties
10.1 THE TOLKIEN-ARCHIVES.COM SERVICES AND ALL DOWNLOADABLE DATA ARE DISTRIBUTED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER HEREBY
ACKNOWLEDGES THAT USE OF THE TOLKIEN-ARCHIVES.COM SERVICES IS AT PURCHASER'S SOLE RISK.
9.1 Each party represents and warrants to the other party as follows: (a) it has the full
power and authority and has taken all action necessary to enter into and perform this
Agreement; (b) the execution and performance by it of its obligations hereunder do not
constitute a breach of, or conflict with, any other agreement or arrangement, whether
written or oral, by which it is bound; and (c) this Agreement is a legal, valid and
binding obligation of the party executing this Agreement, enforceable in accordance with
the terms and conditions hereof.
9.2 Purchaser shall provide Tolkien-Archives.com and Financial Merchant with accurate,
complete, and updated registration information. Failure to do so shall constitute a breach
of this Agreement, which may result in immediate termination of this Agreement.
9.3 Purchaser may not select or use a user name with the intent to impersonate another
person, company or entity, nor use a name subject to the rights, including intellectual
property rights of any person other than Purchaser without written authorization.
9.4 Purchaser is responsible for all usage or activity on Purchaser's Financial Merchant
account, including use of the account by any third party authorized by Purchaser to use
Purchaser's Financial Merchant's user name and password to make Purchase through
Tolkien-Archives.com's Service. Purchaser is advised to maintain the confidentiality of
Purchaser's Financial Merchant password.
9.5 Tolkien-Archives.com has no control over the Internet and cannot prevent the
interception of information by unauthorized parties. Accordingly, under no circumstances
will Tolkien-Archives.com be responsible for any loss or damage incurred by Purchaser as
the result of unauthorized interception or decryption of information transmitted by
Purchaser or Purchaser's customers to Tolkien-Archives.com.
10. Limitation of Liability: NEITHER TOLKIEN-ARCHIVES.COM NOR ANY OF ITS PARENTS,
SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
TOLKIEN-ARCHIVES.COM SERVICES OR RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
PURCHASER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES. EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11. Independent Investigation: PURCHASER ACKNOWLEDGES THAT PURCHASER HAS READ THIS
AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. PURCHASER UNDERSTANDS THAT
TOLKIEN-ARCHIVES.COM MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. PURCHASER HAS
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE TOLKIEN-ARCHIVES.COM
SERVICE AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
12. Miscellaneous
12.1 This Agreement has been made in, and shall be construed and enforced in accordance
with Virginia law without reference to conflict of law principles.
12.2 Official correspondence should be sent to Tolkien-Archives.com, ATTN: Jeremiah Lewis,
524 Prices Fork Rd. A3, Blacksburg, VA 24060.
12.3 Tolkien-Archives.com respects the Purchaser's privacy and does not sell, rent or give
any identifiable personal information regarding its customers to any third party.
Purchaser agrees to accept this privacy policy and is aware that our policy may change at
any time. The full policy will always be available to users on our Web site. The current
version may be accessed by clicking on the hyperlink labeled Privacy Statement.
Purchaser's will be notified via email, postal mail, or by a public posting on the
Tolkien-Archives.com Web site of any change in the privacy policy.
12.4 All prices and terms are subject to change. The current terms of the Agreement can
always be publicly accessed on the Tolkien-Archives.com Web site.
If you have read the agreement fully and agree to these terms and conditions - then click
"I Agree" to continue. Otherwise click "No, I Disagree" to
return to the main site.
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