Terms of Use

LAST UPDATED MAY 30, 2018

PLEASE READ THESE TERMS OF USE (THE "TERMS OF USE") CAREFULLY BEFORE USING THIS SITE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

AGREEMENT TO TERMS OF USE

These Terms of Use apply with respect to your access and/or use of either the www.whitehousehistory.org website (the “Library Site”) or the shop.whitehousehistory.org website (the “E-Commerce Site”) (the Library Site and the E-Commerce Site are collectively referred to herein as the “Sites”), as well as any mobile application/s or digitally delivered products or services of The White House Historical Association (“WHHA” or “We”). All of such services are hereinafter collectively referred to as the "Services". The following is important information regarding the Sites, our copyright to their contents and the terms for your use of the Sites as a visitor. These Terms of Use govern your use of the Sites. Registration and certain other information submitted by you on the E-Commerce Site are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at [URL to PRIVACY POLICY]. You understand that through your use of the E-Commerce Site, you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing and use by WHHA.

By using either of the Sites you agree to be bound by these Terms of Use and to use the Sites in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Sites, or to products and services that we make available to you through the Sites (all of which are deemed part of these Terms of Use). Accessing the Sites, in any manner, whether automated or otherwise constitutes use of the Sites and your agreement to be bound by these Terms of Use.

We also reserve the right to deny access to the Sites or any features of the Sites to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.

CHANGES TO TERMS OF USE

We reserve the right to change these Terms of Use or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Use on the Sites and update the "Last Updated" date above to reflect the date of the changes. By continuing to use either of the Sites after we post any such changes, you accept the Terms of Use, as modified.

LIMITATION ON ACCESS OR USAGE OF SITES

WHHA may limit your access to any part of the Sites without notice to you. WHHA may terminate your use of the Sites at any time without prior notice.

YOUR LIMITED RIGHT TO USE MATERIALS

This Sites and all the materials available on the Sites are the property of us and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. If you would like to make a commercial use of any of such materials, you may contact WHHA at rights@whha.org to inquire about securing a commercial license.

CHILDREN’S ONLINE PRIVACY

WHHA does not knowingly collect personally identifiable information from children under the age of thirteen (13), and the Sites are not directed at children under the age of thirteen (13).  If you are subject to additional or different age requirements for disclosure of personally-identifiable information based on your state, province or country of residency, you hereby represent that your use of the Sites is not in violation of the laws or regulations of your state, province or country of residency.

E-COMMERCE SITE REGISTRATION PROCESS

If you would like to register on our E-Commerce Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name, physical address, e-mail address and phone number. You agree to provide true, accurate, current and complete information about yourself as prompted by the E-Commerce Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the E-Commerce Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

E-COMMERCE SITE AGE REQUIREMENT

By using the E-Commerce Site, you certify that you are 18 years of age or older. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, you hereby represent that your use of the E-Commerce Site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

In addition, WHHA may post additional terms, conditions, rules or requirements related to the E-Commerce Site and/or its services and features.  All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them.  At its sole discretion, WHHA also may offer other services or features governed by different Terms of Use.

RESPONSIBILITY FOR YOUR USER NAME AND PASSWORD

To use certain features of our E-Commerce Site, you will need a user name and password, which you will select through the E-Commerce Site’s registration process. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. It is a violation of these Terms of Use to share this user name or password with any other person.  In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the E-Commerce Site or any features of the E-Commerce Site, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

PRODUCTS OR SERVICES ON THE E-COMMERCE SITE

When you purchase products or services on or through the E-Commerce Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. In addition, the E-Commerce Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our E-Commerce Site, or on a third-party website that you have accessed via a link on the E-Commerce Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release WHHA from any damages that you incur, and agree not to assert any claims against WHHA, arising from your purchase or use of any products or services made available by third parties through the E-Commerce Site.

LINKS TO AND FROM OTHER WEBSITES

You may gain access to other websites via links on the Sites. These Terms of Use apply to the Sites only and do not apply to other parties' websites. Similarly, you may have come to the Sites via a link from another website. The terms of use of other websites do not apply to the Sites. Only these Terms of Use apply to the Sites. WHHA assume no responsibility for any terms of use or material outside of the Sites accessed via any link. You are free to establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your website or service by WHHA or the Sites. However, you may not, without our prior written permission, frame or inline link any of the content of the Sites, scrape the Sites or incorporate into another website or other service any of our material, content or intellectual property.

Site Copyright

All copyright rights to the Sites, including rights to the work and designs provided by the WHHA are owned by the WHHA, © 2000-2018, The White House Historical Association. All rights reserved. You cannot re-transmit, print or photocopy the materials on this Site for re-distribution in any medium without the written permission of the WHHA.

Disclaimers

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHHA DOES NOT WARRANT THAT THE SITES OR ANY OF THE SITES’ FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHHA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.

Your interactions with companies, organizations and/or individuals found on or through our Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Sites, or between a user and any third party, we are under no obligation to become involved, and you agree to release us from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Sites.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WHHA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF WHHA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WHHA’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITES, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnification

You agree to indemnify and hold harmless WHHA and its directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Sites, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Sites, or any part of the Sites, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Sites. In the event that we suspend or terminate your access to and/or use of the Sites, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Notice of Modification/Changes at Will

The Sites are provided as a service to the Sites’ visitors. WHHA reserves the right to delete, modify or supplement the content of the Sites, or discontinue, temporarily or permanently, the Sites, or any portion thereof, with or without notice. WHHA reserves the right to terminate operation of the Sites entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any portion thereof.

SEVERABILITY

If any provision of these terms of use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these terms of use.

SITUS, VENUE & JURISDICTION

This Site is controlled by WHHA from its offices in Washington, D.C., United States of America.  WHHA comply with all laws of the District of Columbia and the United States applicable to the Sites and to the Internet. Visitors who choose to visit the Sites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to the Sites, to the use of the Sites, and to the information content, material, goods and services available through the Sites are governed by the internal substantive laws of the District of Columbia, without regard to its conflicts of laws principles. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, local and Federal, located in Washington, D.C., United States of America for any litigation concerning the Sites, your use of the Sites and any purchases made through the Sites.  You agree not to plead forum non-conveniens in any such action.

NO ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

These Terms of Use are personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

LIMITATION ON ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms of Use, and the Privacy Policy incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms of Use and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use will govern.