Last revised: February 12, 2008.
Welcome to the Oak Heritage Company ("OHC") e-commerce site. This web site is maintained as a service to OHC's customers. By using this site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information nor obtain goods or products from this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to The Oak Heritage Company ("OHC") e-commerce site (the "Site"). This Agreement constitutes the entire and only agreement between OHC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by OHC from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Site Use and Account Setup
This Site is for the exclusive use of persons residing within the United States of America, only. If you access and/or use this Site from a location outside of the United States, you do so at your own risk, and hereby certify that you are in full compliance of all United States and international laws in regards to such access and/or use.
If you set up an account on this Site:
(a) You certify that you are of legal age (typically, at least eighteen (18) years of age) and that you are legally able to enter into sales contracts;
(b) The account you set up is only for yourself, or your legally recognized business entity (you must have the legal authority to set up accounts for that business entity);
(c) The information used to set up the account is correct and complete;
(d) You agree that you are responsible for maintaining the accuracy and confidentiality of your account information and its associated password;
(e) You agree that you are responsible for all activity that occurs in regard to the use of your account and password.
OHC reserves the right to (a) Cancel any or all of your orders; (b) Refuse to provide you with any products and/or services; (c) Delete your account; and (d) To notify appropriate authorities of any apparent or actual illegal or fraudulent activities related to your use of the Site; if it is deemed appropriate to do so, in OHC's sole discretion.
OHC further reserves the right to: (a) Limit the quantities of any items sold; (b) Limit the overall size of any orders; and (c) Refuse to accept orders from resellers.
3. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited.
4. Trademarks.
Various product and company names mentioned on the Site may be trademarks of their respective owners.
5. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
If you wish to create a link to the Site, Oak Heritage Company respectfully requests that you copy/paste the following HTML code into your appropriate web page:
<a href="http://www.oakheritage.com/">Oak Heritage Company</a><br>Fine gifts for home, business, and the special people in your life.
Oak Heritage Company respectfully requests that you do not create a graphic link to the Site. Specifically, you must not use any OHC graphics or logos as link buttons, without the written consent of Oak Heritage Company.
6. Editing, Deleting and Modification; and Site Errata.
OHC reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, at any time, without any notice to you.
Furthermore, while OHC attempts to insure that the product pictures, product descriptions and product pricing, as well as any other information, as displayed on the Site, are as accurate as possible, no guarantee of such is made. OHC reserves the right to correct such content upon discovery of any error(s), without any notice to you.
If a pricing error is discovered, the matter will be resolved as follows:
If the actual, corrected product price is LESS than the price shown on the Site, you will receive an immediate refund of the difference bewteen the two prices, plus any excess sales tax paid if applicable, plus any excess shipping charges paid if applicable.
If the actual, corrected product price is MORE than the price shown on the Site, your order will be placed on "HOLD." You will be contacted to determine whether you want to proceed with the order at the corrected price, or if you want to cancel the item/order. In either case, the appropriate monetary transaction(s) necessary to satisfy the corrected/cancelled order will be made by the appropriate party(ies).
7. Indemnification.
You agree to indemnify, defend and hold OHC and its attorneys harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
8. Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents, or purchase products, is not transferable.
9. Disclaimer and Limits.
OAK HERITAGE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THIS SITE. OAK HERITAGE COMPANY'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
SOME STATE LAWS DO NOT ALLOW:
A) THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
B) LIMITATIONS ON IMPLIED WARRANTIES.
IF SUCH STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Use of Information.
OHC reserves the right, and you authorize OHC, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the OHC Privacy Policy.
11. Third-Party Services.
OHC may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that OHC does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of their order processing, fulfillment, billing and customer service. OHC is not a party to the transactions entered into between you and Merchants.
YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY OAK HERITAGE COMPANY, EXPRESSED OR IMPLIED. UNDER NO CIRCUMSTANCES IS OAK HERITAGE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE OAK HERITAGE COMPANY SITE.
12. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. OHC is not responsible for information provided by you to Merchants, nor for information that Merchants provide to you. OHC and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy.
The OHC Privacy Policy, as it may change from time to time, is a part of this Agreement.
14. Website Policies.
The OHC website Policies page, and any links from it, as they may change from time to time, are a part of this Agreement.
15. Payments.
By Payment Card:
You represent and warrant that if you are purchasing something from OHC by payment card, that (i) any card information you supply is correct and complete, and that you are authorized to use such card, (ii) charges incurred by you will be honored by your payment card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and any applicable shipping/handling charges.
By Check or Money Order:
You represent and warrant that if you are purchasing something from OHC by check or money order, that you will pay the full amount incurred by you at the posted prices, including any applicable taxes, and any applicable shipping/handling charges, and that your check or money order will be properly honored.
By Wachusett Chamber of Commerce Gift Certificate:
You represent and warrant that if you are purchasing something from OHC by Wachusett Chamber of Commerce Gift Certificate(s), either by gift certificate(s) alone or in combination with a check or money order, that you will pay the full amount incurred by you at the posted prices, including any applicable taxes, and any applicable shipping/handling charges, and that your gift certificate(s), and if applicable any accompanying check or money order, will be properly honored.
16. Links to other Web Sites.
The Site contains links to other Web sites. OHC is not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by OHC. Inclusion of any linked Web site on the OHC Site does not imply approval or endorsement of the linked Web site by OHC. If you decide to leave the OHC Site and access these third-party sites, you do so at your own risk.
17. Copyrights and Copryright Agents.
OHC respects the intellectual property of others, and OHC asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OHC the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement on the Site should be forwarded to Charles T. Tamminen, who can be reached as follows:
By mail:
Charles T. Tamminen
Attn: Copyright
Oak Heritage Company
1 Coolidge Place, Apt. #801
Clinton, MA 01510-2550
By phone:
(978) 365-1885
By email:
oakheritageco@verizon.net
18. Refund Policy.
If you are not happy with your purchases, for any reason, you may return them within thirty (30) days of receipt, for a full refund of the purchase price (less shipping and handling) plus any applicable sales tax paid.
Damaged and/or defective giftware from the "Romantic Victorian Home Collection" must be returned to RVHC within 15 days of your receipt of that merchandise, in accordance with the instructions provided in the "Your Satisfaction" section of the "Policies" document.
If you purchase an item from this Site, and it is not materially as described, your sole remedy is to return it for a full refund (purchase price, sales tax if applicable and shipping charges if applicable). The returned item must be unused, with all of its original packaging and accompanying materials (if applicable) intact and included.
You must write, e-mail, or call for a Return Material Authorization ("RMA") number, which must be clearly visible on the outside of the package being returned. Returns without an RMA number will not be accepted.
If your original payment was made by check, money order, or Wachusett Chamber of Commerce Gift Certificate, any refund will be made by check. If your original payment was made by payment card, any refund will be applied back to that card account.
This Section 18, and the "Your Satisfaction" section of the "Policies" document, set forth your sole and exclusive right to refund and return.
19. Information and Press Releases.
The Site contains information, and may contain press releases, about OHC. While this information was believed to be accurate as of the date prepared, OHC disclaims any duty or obligation to update this information or any press releases. Information about companies other than OHC contained in any press release or otherwise, should not be relied upon as being provided or endorsed by OHC.
20. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Clinton, Massachusetts, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section 9 and Section 11.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with this Agreement shall be brought solely within Worcester County, Massachusetts. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
OHC's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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