Your Use Of This Website
You may use the Site when and as available. However we reserve the right to change
or eliminate, and restrict or block access to all or any part of the Site from time
to time without notice
Our Privacy Policy
We have a privacy policy that describes the information we collect, how we collect
it and what we do with it. Please
click here to
read it.
Our Copyrights & Other Intellectual Property
You agree to respect our intellectual property rights and those of any contributor
to this website. All content on this website is covered by copyrights owned by us
or by our vendors and contractors. Such intellectual property may include but is
not limited to words, images, html and JavaScript.
Links To Or From Other Websites
This website may link to other websites and some third party websites link to this
website. We provide links to third party websites as a convenience to you or as
a courtesy to our sponsors and/or contributors, but we do not endorse the linked
website or anything on it. If you deal with one of the third party websites to which
this website links your transaction is not with Adams Museum and House; it is your
responsibility to review the linked site's "terms of use," other contract(s) and
privacy policy.
No Commercial Use; No Resale; No Extraction
You may use this website solely for lawful and, except with our written agreement,
personal, non-commercial purposes in compliance with these Terms. If you are using
the website on behalf of any entity, you represent and warrant that you are authorized
to accept these Terms on such entity's behalf, and that such entity agrees to indemnify
you and Adams Museum and House for violations of these Terms.
Accuracy of Information & Museum Shop Product Descriptions
We try to assure the accuracy of all information displayed on our website but it
is possible that the information contains errors, inaccuracies, or omissions. You
accept full responsibility for your use, whether authorized by us or not, of any
information gathered from this website.
In particular, with respect to Museum Shop merchandize, we have tried to accurately
display colors, but depending on the specifications and settings of your computer
and its monitor the colors you see might not accurately depict the actual color
of the product. Minor color variations will not be considered as resulting in a
product being defective and the terms of product returns and refunds will be as
for undamaged merchandise. Please
click here
to read our terms for Museum Shop product returns and refunds.
Museum Shop Pricing and Availability
All prices are shown in U.S. dollars, and are valid and effective only for products
and services ordered and shipped within the United States. 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 or services without
notice, even if you have already placed your order. All prices are subject to change
without notice.
Out-of-Stock Items
Sometimes we will not know in advance that product is unavailable. We will not charge
your payment card until the item ships. If an item is no longer available, we will
cancel the item from your order and notify you, usually via e-mail.
Payment; Credit for Refunds & Pricing
Only valid credit cards or other payment method acceptable to us may be used and
all refunds will be credited to the same card or, in our discretion, other method.
By submitting your order, you represent and warrant that you are authorized to use
the designated card and authorize us to charge your order. If the card cannot be
verified, is invalid, or is not otherwise acceptable, your order will be suspended
or cancelled automatically.
Returns & Refunds
We guarantee your satisfaction with anything you purchase from the Museum Shop.
Please
click here
to read our Returns & Refunds Policy.
NO WARRANTIES
YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, SERVICES AND FUNCTIONALITY (COLLECTIVELY,
"COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES,
SUPPLIERS OR AGENTS "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," AND THE ENTIRE
RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT MAKE
ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM
ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF
ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE
OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY
SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT,
AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD
USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO,
THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY
ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES,
CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ADAMS MUSEUM AND HOUSE
NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE
TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS,
FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY
(INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK
OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR
ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW)
OR COMPLETE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT
LIABILITY OR MISREPRESENTATION.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT
(AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT
LIMITATION, TORT) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE
WEBSITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION
OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE
RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE
THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE
AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES.
THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Applicable Law and Exclusive Forum
This website is controlled by us from our offices within the United States of America
and is directed to U.S. users. If you choose to access this Site from locations
outside the U.S., you do so at your own risk and are responsible for compliance
with applicable local laws. You agree that the Entire Agreement, all performances
and all claims of every nature (including without limitation, contract, tort and
strict liability) relating to any aspect of this website or any product or service
obtained in any connection with it, shall be governed by the laws of the State of
South Dakota, U.S.A. without regard to its conflict of law provisions and without
regard to where performance is made. You agree that any disputes shall be heard
exclusively in the appropriate forum in South Dakota. You also consent to exclusive
jurisdiction and venue in a state or federal court sitting in Lawrence County, South
Dakota and waive any claim or defense that such forum is not convenient or proper,
and consent to service of process by any means authorized by South Dakota or federal
law.
Notices, Including Our Address for Legal Notices
Notices to you: We may give you notice by any lawful method, including (without
limitation) legal notices and notice of subpoenas. We may provide the notices by
giving them by email or postal mail to any address that we have for you.
Notices To Us: You agree to send us notice by mailing it to:
Adams Museum and House
54 Sherman St.
Deadwood, SD 57732
Telephone: 605.578.1714
Entire Agreement
This Agreement constitutes the complete agreement between you and Adams Museum and
House with respect to the subject matter hereof, and supersedes and replaces all
prior or contemporaneous understandings, communications, and agreements, written
or oral, regarding such subject matter.