Terms of Use

By using this Web Site located at www.bandonhistoricalmuseum.org and owned by the Bandon Historical Society (BHS), you understand that you are agreeing to our Terms of Use and Privacy Policy. Please do not use our Web Site if you do not agree with any of the terms listed below. We may change the Terms of Use and Privacy Policy at any time. Your continued use of the Web Site after changes have been posted means that you agree to such changes. Please check on the Terms of Use and Privacy Policy regularly for any changes.

Lawful Use

You may use this Web Site for lawful purposes only and consistent with these Terms of Use. You are prohibited from posting on or transmitting through the Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are prohibited from altering the code of the website in any manner unless authorized by BHS.

Disclaimers and Limitations of Liability

You expressly agree that use of this Web Site is at your sole risk and BHS shall not be liable for any damages of any kind related to your use of this Web Site. The Web Site and content are provided on an "as is" basis without warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose.

BHS makes every attempt to ensure that the content on this website is complete, current and accurate. However, we cannot guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors may relate to gift shop product availability, price or product description or to any of the content viewable on the Web Site. BHS reserves the right to refuse or cancel any gift shop orders containing any error, inaccuracy or omission. This may include orders that have been submitted, confirmed or charged to your credit card. If an order is canceled after your credit card has been charged, you will receive a refund.

Under no circumstances shall BHS or any other party involved in creating, producing, or distributing this Web Site be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use this Web Site, including but not limited to reliance by you on any information obtained from this Web Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to BHS’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Web Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold harmless BHS and its board of directors, officers, members, employees, volunteers and affiliates from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from your breach of the Terms of Use and/or your use of this Web Site.

Your sole and exclusive remedy for dissatisfaction with this Web Site is to stop using this Web Site.

Protected Materials

You acknowledge that this Site is owned and operated by BHS and contains content that is protected by copyrights, trademarks, service marks, trade secrets, patents or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the content is and shall remain the property of BHS or any other party who has been involved in the preparation or publication of the content contained on the site. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, any content on this site. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part. BHS authorizes you to view and use the content on this site solely for your personal, noncommercial use. You may print copies of the content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the content such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any content. For permission to use content from this Web Site or from a newsletter authored and distributed by BHS, request written permission and provide full attribution. Permission should be requested by contacting Gayle Nix, Executive Director at gaylenix@bandonhistoricalmuseum.org .

Links to Other Sites

As a convenience to you, this site may periodically provide links to third party web sites not owned or operated by BHS where we feel it is appropriate. Your use of any linked web site is solely at your own risk and you acknowledge that BHS is not responsible for the content of that web site.

Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Gayle Nix, Executive Director, Bandon Historical Society, 270 Fillmore Ave, PO Box 737, Bandon OR 97411.

Severability and Integration Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BHS and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) with respect to the Web Site. If any part of these Terms of Use or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Jurisdiction and Enforceability

Use of this site shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Oregon.