AMERICAN STORIES INC.
TERMS OF SERVICE
In using this website, you are deemed to have read and agreed to the following Terms of Service:
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The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms of Service. "The Company", “Ourselves”, “We” and "Us", refers to our Company, American Stories Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Only authorized employees within the company on a need-to-know basis use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. There are legal ramifications for unauthorized actions against computer systems and data. We will investigate any such actions with intent to prosecute and/or take civil proceedings to recover damages against those responsible.
Confidentiality
We are committed to protecting your privacy. Only authorized employees within the company on a need-to-know basis use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. There are legal ramifications for unauthorized actions against computer systems and data. We will investigate any such actions with intent to prosecute and/or take civil proceedings to recover damages against those responsible.
We will not sell, share, or rent your personal information to any third party. Any emails sent by this Company will only be in connection with the provision of services, products, and marketing.
Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELAED SERVICES, AND HYPERLINKED WEBSITES.
AMERICAN STORIES INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELAED SERVICES, CONTENT OR INFORMATION CONTAINED WITIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELAED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although American Stories Inc. attempts to ensure the integrity and accuracy of this site, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that this site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to this site by third parties. If you identify an inaccuracy, please inform American Stories Inc. so that it can be corrected. Information contained on this site may be changed or updated without notice.
General
These Terms of Service are governed by legal, statutory, and regulatory requirements. By accessing this website [and using our services/buying our products] you consent to these Terms of Service and to the exclusive jurisdiction of the courts in all disputes arising out of such access. Both parties agree that, to the fullest extent permitted by law, arbitration in Missouri courts shall be the exclusive remedy for resolution of any subject matter from client generated disputes regarding Terms of Service. The arbitration shall be conducted in Jefferson City, Missouri on an individual basis only, not part of a class action. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms of Service and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or of any Agreement or any part thereof, or the right thereafter to enforce each provision. The company reserves the right to change the Terms of Service at its sole discretion. Missouri law will govern the determination of any disputes.
Statement of Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
Terms of Sale for Merchandise Available on our Website.
Payment. All amounts due for retail purchases of Products are payable in full at the time of purchase.
Your Account. When you make a purchase from our website you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order at our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability. All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and change in tax rates.
Payment Terms. Company currently accepts all major American credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card account and authorize us to charge your order (including taxes, shipping, and handling) to that card or account. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for products by credit card and subsequently “charge back” your purchase through your merchant account provider, Company reservices the right to terminate these Terms of Service and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity.
Shipping Terms and Policies. We endeavour to ship all orders for in-stock items within two (2) business days. Our standard hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time. Shipping is typically via United States Postal Service (USPS) First Class Mail, and you should allow three (3) to five (5) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are your responsibility, unless waived by us. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products passes from Company to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing, or other information on this Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Company is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
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Video Library Access (“Subscriptions”)
Service
You must be at least 18 years of age to become a member of the American Stories Inc. (ASI) Library service. Individuals under the age of eighteen may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Service.
Your subscription and any content viewed through our service are for your personal or non-commercial use only and may not be shared with individuals beyond your household or classroom. During your membership, we grant you limited, non-transferrable rights to access our content. Except for the aforementioned, no other right, title, or interest will be transferred to you. You agree not to use this service for public performances, or to share or publish your login information. Content will be added to the website periodically. Your subscription library may not include all latest content published.
You agree to use the ASI Library service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Services, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the ASI Library service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ASI Library service; use any robot, spider, scraper or other automated means to access the ASI Library service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the ASI Library service; insert any code or product or manipulate the content of the ASI Library service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ASI Library service, including any software viruses or any other computer code, files, or programs. We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.
No Refunds.
Payments are non-refundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation.
You can cancel your ASI Library membership at any time. You will have continued access to the ASI Library service through the end of your billing period since no refund will be issued. To cancel, email from your ASI library connected email a request for cancelation to orders@americanstories.us stating which membership level you wish to cancel. Membership cancellations must be made 48 hours before the next billing cycle to best insure no accidental renewal charges. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.
Changes to the Price and Subscription Plans.
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. The ASI Library service, including the content library, is regularly updated. In addition, we continually evaluate various aspects of our service, including but not limited to our website, user interfaces, promotional features, and availability of ASI Library content. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.
Shipping and Book Refunds
The Company will strive to ship Client orders no later than two business days after payment is received by the Company. Cost of shipping based on size/weight of order will be added to the final product price. Shipping may be through U.S. Postal Service or other carriers at Company’s discretion.
Return of unused and undamaged physical products are eligible for full refund of purchase price. Return shipping cost will be the responsibility of the customer. It is at the Company’s sole discretion to evaluate the condition of the products upon receipt to determine refund eligibility. Damaged or used products that were not accepted for refund will not be returned unless requested within 15 days of notification it was not accepted for refund. Shipping costs for returned damaged or used products is at the expense of the customer.
Availability
Unless otherwise stated, the products featured on this website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the appropriateness and quality for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
Indemnity
By using this service, you agree to indemnify, defend and hold harmless Company and our affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and harmless from and against any loss or damage, in whatever manner, howsoever caused, including, but not limited to, any claim or demand, reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s clicks, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information obtainable by the Company. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company. Any individually identifiable information related to this data will never be used in any way contrary to that stated above without your explicit permission.
Cookies
Like most interactive websites, this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of website users. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, with our prior written consent, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.
Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of linked sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s products and the full content of this website.
Communication
We have targeted e-mail addresses for specific queries. Other contact information can be found on our website and is subject to change.
Contact Us
You may contact us via the email provided on our website or on information contained on our Company literature.
Feedback
ASI is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the ASI Library service, including the ASI website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Video Library service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
This company is recognized by the IRS as a 501(c)(3) public charity and is registered with the State of Missouri as a non-profit corporation.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms of Service of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
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Notification of Changes
The Company reserves the right to change these Terms of Service from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustments. If there are any changes to our privacy policy, we will announce that these changes have been made on our website. If there are any changes in how we use customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
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These Terms of Service form part of the Agreement between the Client and Company. Your accessing of this website and/or purchase of a product/service indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Service contained herein. Your statutory Consumer Rights are unaffected.