Your use of the Los Angeles Public Library Foundation (the "Foundation") web site (the "Site") is subject to your compliance with the terms and conditions (the "Terms") set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE VISITING OTHER PAGES ON THE SITE. BY VISITING OTHER PAGES ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS , YOU SHOULD NOT VISIT OTHER PAGES ON THE SITE. The Foundation MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS ON THE SITE. YOU AGREE TO REVIEW THE TERMS PERIODICALLY TO APPRISE YOURSELF OF SUCH MODIFICATIONS, AND YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Intellectual Property.
2. Disclaimer of Warranties.
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE . The Foundation PROVIDES THE SITE "AS IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, the Foundation DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED THROUGH the Foundation's ONLINE STORE. The Foundation MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE; NOR DOES the Foundation MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, AND OTHER INFORMATION PROVIDED THROUGH THE SITE. PLEASE NOTE THESE DISCLAIMERS OF WARRANTIES INCLUDE INFORMATION REGARDING PRODUCTS AVAILABLE THROUGH the Foundation's ONLINE STORE, INCLUDING INFORMATION RELATING TO PRODUCT DESCRIPTION, PRICING AND AVAILABILITY. NO ADVICE OR INFORMATION YOU OBTAIN THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
In addition, the Foundation makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Foundation web site, please understand that it is independent from the Foundation, and that the Foundation has no control over the content on that web site. In addition, a link to the Site does not mean that the Foundation endorses or accepts any responsibility for the content, or your use, of such other web site.
3. Limitation of Liability
IN NO EVENT WILL the Foundation BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE, ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THE SITE, ANY TRANSACTIONS CONDUCTED THROUGH THE SITE, OR ANY DELAY OF SUCH INFORMATION OR TRANSACTION, EVEN IF the Foundation OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION PROVIDED ON OR DOWNLOADABLE FROM THE SITE . BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, the Foundation's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Foundation, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of any of the Terms stated hererin (including negligent or wrongful conduct) or any applicable laws.
5. Online Store
As noted above, inaccuracies may from time to time occur in relation to the merchandise offered in our online store. We apologize for any inconvenience this may cause. If you are not satisfied with your purchase from our online store, you may return it to us at the address below with the original packing receipt within 30 days of receipt.
The Library Store
630 West Fifth Street
Los Angeles, CA 90071
Fax: (213) 228-7500
[For more information on returning items to the Library Store, please see above.]
These Terms shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in the State of California. In the event that you wish to assert any claim against the Foundation for any purpose whatsoever, you expressly agree that such dispute will be determined exclusively by arbitration pursuant to the rules of the American Arbitration Association. Any claim you may have must be commenced in arbitration within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. The Foundation's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any given provision of these Terms is found to be invalid, the other provisions of these Terms shall remain in full force and effect. The Foundation may assign its rights and duties under these Terms to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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