By visiting AHRF.com, you are consenting to our Terms and Conditions.
Overview
The terms “we,” “us,” and “our” refer to the American Hot Rod Foundation (the “Foundation”). The term “Site” refers to AHRF.com website. The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.
The service we provide (the “Services”) on our Site is free access to a research library of photos, photo descriptions, video oral histories, research papers, and other documentation related to the history of hot rodding and auto racing in the United States. Additionally, we sell Foundation apparel and other themed items, books, dvd’s, and other merchandise, including third-party items, related to the topic of hot rod history and auto racing.
Use of the Foundation Site, including all materials presented herein and all online services provided by the Foundation, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or its Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of this Site and Service
Information provided on the Site related to hot rod history and auto racing, as well as other information is subject to change. The Foundation makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free, including the recorded words of hot rod pioneers or other experts. The Foundation disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Services, you may be required to provide information about yourself including your name, e-mail address, username and password, and other personal information. You agree that any registration information you give to the Foundation will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Lawful Purposes
You may use the Site and the Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Online Shop Service
The Services are offered subject to our acceptance of your orders or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to our fulfilling previous responsibilities to you based on acceptance of your payment(s).
Online Shop Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Online Shop Cancellations, Refunds & Returns
We are proud of the merchandise that we sell and hope that you will be pleased with it. If you are not pleased, we want you to remain a fan of the American Hot Rod Foundation, so we will try to sort things out to your liking.
We accept returns for any reason, provided that:
- It is within 45 days of original shipment date
- The item is in new condition
- The item is in its original packaging
The return address will be on your order form.
If we made a mistake with your order, we will credit you with the cost of the return to us via USPS or ground shipment.
Let us know if you want to exchange the item, or receive a credit. We will credit the payment method you used for purchase. E-Mail us at customerservice@ahrf.com.
If the item was damaged in shipment to you, let us know within five days so that we can sort it out wit the carrier. Please e-mail us a photo of the damaged package.
Online Shop Product Descriptions
We endeavor to describe and display our merchandise as accurately as possible. While we try to be as clear as possible in describing each product, please do not accept that the Site is entirely accurate, current, or error-free. From time-to-time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
Should we request materials from users, or institute a chat room or other public forum, you shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively the “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
In this situation, we claim no intellectual property rights over the material you supply to the Foundation. You retain copyright and any other rights you may rightfully hold in any content that you submit to the Site. Content you submit to the Foundation remains yours to the extent that you have any legal claims therein. You agree to hold the Foundation harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and the Services contain intellectual property that we believe to be owned by the Foundation, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
DMCA Takedown Notice
We are obliged to “take down” a photo on our Site in the event that a complaint is filed from someone who believes we do not have a copyright for that photo or have posted it under the law as a “fair use”. The Digital Millenium Copyright Acts (DMCA) of 1988 established this takedown procedure. A takedown notice must, by law, include specific information. Below is a form that an attorney nicely offered on her site for anyone to use:
Sample DMCA Takedown Notice Template
To Whom It May Concern,
The following information serves to assert my rights and request removal of allegedly infringing web content under the Digital Millennium Copyright Act (DMCA). The following is a report, in good faith, of alleged copyright infringement. I am contacting you as the designated agent for the site upon which the infringing work currently appears. This letter is a Notice of Infringement as authorized in §512(c) of the U.S. Copyright Law.
I am the copyright owner of the works and the following is true and accurate.
1. The original work, for which I claim copyright, appears, with my permission, at the following locations online: {URLs WHERE YOUR ORIGNAL AUTHORIZED WORK APPEARS}
2. Copies of my original copyrighted work are {attached/included/provided} to assist you in your evaluation and determination.
3. The allegedly infringing {work/text/image} appears at the following location(s) online: {URLs WHERE INFRINGING WORK IS CURRENTLY LOCATED}
4. My contact information, as copyright holder, is as follows: {INCLUDE YOUR CONTACT INFORMATION}
5. The information of the alleged copyright infringer is: {INSERT WHOIS INFORMATION FOR THE SITE YOU ALLEGE IS INFRINGING}
6. I have a good faith belief the use of the above reference copyrighted work(s) that appears on the website for which you are the designated DMCA agent is not authorized by the copyright owner, its agent, or by law.
I declare, under penalty of perjury, this notice is true and correct and that I am the copyright owner entitled to exclusive rights which I allege are being infringed.
Signed this ________ day of ___________, 20_____ in {INSERT CITY, STATE, COUNTY}.
{YOUR SIGNATURE/e-SIGNATURE}
This form should be submitted directly to our DMCA Agent, Angie Helton, at attentionlegal@ahrf.com.
Be careful to not make any false claims. Misuse of this federal process will result in your being blocked from our Site.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will
post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE AMERICAN HOT ROD FOUNDATION IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE AMERICAN HOT ROD FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AMERICAN HOT ROD FOUNDATION’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY MERCHANDISE OR OFFERINGS YOU HAVE PURCHASED FROM THE AMERICAN HOT ROD FOUNDATION, AND IF NO PURCHASE HAS BEEN MADE BY YOU, THE AMERICAN HOT ROD FOUNDATION’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Links
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by, or affiliation with, the Foundation. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and the American Hot Rod Foundation pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Foundation shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Foundation.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
By US Mail at: The American Hot Rod Foundation, P.O. Box 372, Cos Cob, CT 06807-0372
By eMail at: attentionlegal@ahrf.com
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Delaware as applied to contracts that are executed and performed entirely in Delaware. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the state of Connecticut. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: April 2018
