WEBSITE TERMS OF USE
1. AGREEMENT
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Philipp Feldheim, Inc. (“Feldheim”) and you or your company (in either case, "You" or "Your") concerning Your use of the Feldheim website (the "Website") and the services available through the Website (the "Services"). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Feldheim’s Privacy Policy (the "Privacy Policy"). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Feldheim encourages users of the Website to frequently check Feldheim’s Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, Feldheim RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Feldheim obtains Your express consent, any revised Privacy Policy will apply only to information collected by Feldheim after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, to include among other provisions paragraph 15 of this Agreement, Feldheim grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable, license to access and make personal use of the Website in connection with Your use of the Services, and not to save, copy or download (other than page caching) or modify the Website, or any portion of it, except with the express written consent of Feldheim. This license does not include any resale or commercial use of the Website or its content; any collection and use of any product listings, descriptions or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Feldheim. All rights not expressly granted hereunder are reserved by Feldheim. This Agreement grants You no rights in or to the intellectual property of Feldheim or any other party. Feldheim retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. USER INFORMATION/PASSWORD PROTECTION
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Feldheim immediately of any unauthorized use of Your account, user name, or password. Feldheim shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Feldheim, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify Feldheim if any credit card that You have provided to us is lost, stolen or used without permission.
7. THIRD-PARTY WEBSITES
The Website is linked with the websites of a number of third parties ("Third-Party Websites"), some of whom have established relationships with Feldheim and some of whom do not. Feldheim does not have control over the content and performance of Third-Party Websites. Feldheim HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, Feldheim DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. Feldheim DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
8. PRODUCT DESCRIPTIONS
Feldheim attempts to be as accurate as possible in its product, pricing, and rebate information; however, Feldheim cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, Feldheim will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet Your expectations, Your sole remedy is to return the product in accordance with Feldheim Return Policy
9. PRODUCT PRICING
Except as otherwise noted, the price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Feldheim cannot confirm the price of an item until You place an order. Despite Feldheim’s best efforts, a small number of items on the Website may be mispriced. If an item’s correct price is higher than the stated the price, Feldheim will, at Feldheim’s sole discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
Coupons: For orders using Coupons requiring a minimum purchase - If at the time of shipping we are out of stock of an item ordered, resulting in failure to meet the minimum purchase requirement, Your order will be recalculated at the same percentage discount as the coupon, proportional to the new total.
10. PAYMENT METHODS
Feldheim accepts credit cards, debit cards, personal checks, paypal payments and money orders. Feldheim accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Feldheim accepts debit cards with Visa or MasterCard logos.
11. SALES TAX
We only charge sales tax on all orders shipping to a New York state address.
12. SHIPPING
All orders placed on the Website are subject to product availability and will be shipped according to Feldheim shipping policies. Please review the Shipping Information page on the Website for additional information on shipping times, rates and policies. In the rare event that Your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
13. RETURN POLICY
All sales made through the Website are subject to Feldheim’s return policies. For a complete explanation of the return policies, please review the Return Policy page on the Website.
14. CONSENT TO RECEIVE EMAIL
By establishing an account with Feldheim, You consent to receive periodic email communications from Feldheim concerning Feldheim’s products and services, including without limitation, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.
15. PROHIBITED USES
Feldheim imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "Feldheim Content"); (c) use any software that enables copying or duplication of Feldheim Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost Feldheim Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of Feldheim; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Feldheim Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
16. INTELLECTUAL PROPERTY
(a) Trademarks Feldheim Publishers and the Feldheim logo, and LD logo are trademarks or registered trademarks of Philipp Feldheim, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, Feldheim Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in Feldheim Marks generated as a result of Your use of the Website and Services will inure to the benefit of Feldheim, and You agree to assign, and hereby do assign, all such goodwill to Feldheim. You shall not at any time, nor shall You assist others to, challenge Feldheim’s right, title, or interest in or to, or the validity of, Feldheim Marks. (b) Copyrighted Materials; Copyright Notice Feldheim Content and other materials available through the Website and Services are either owned by Feldheim or are the property Feldheim’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2010 to the present, Philipp Feldheim, Inc. ALL RIGHTS RESERVED.
17. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES. Feldheim, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Feldheim, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER Feldheim NOR LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER Feldheim NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. (b) YOUR RESPONSIBILITY FOR DAMAGE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Feldheim OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. (c) LIMITATION OF LIABILITY. THE LIABILITY OF Feldheim AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Feldheim OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Feldheim OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF Feldheim AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO Feldheim DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Feldheim AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. (d) APPLICATION THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND Feldheim OR BETWEEN YOU AND ANY OF Feldheim’s LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Feldheim’s LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
18. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Feldheim policies, and with any applicable laws or regulations.
19. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless Feldheim and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the " Feldheim Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to Feldheim or any of Feldheim Parties of information or other data. Feldheim Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless Feldheim Parties. You may not settle any Claim without the prior written consent of the concerned Feldheim Parties.
20. LIQUIDATED DAMAGES
You acknowledge and agree that it would be difficult to ascertain the exact amount of damages that Feldheim would suffer as the result of the theft of Website text, graphics or images, especially if such stolen text, graphics or images are exploited for commercial use, whether in connection with the sale of printing supplies or otherwise, on a website or any other digital medium. Therefore, You agree that, in the event You steal, copy without authorization or otherwise misappropriate Website text, graphics or images, Feldheim will be entitled to recover from You liquidated damages in the amount of five thousand ($5,000.00) dollars per text selection, graphic or image that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable estimate of the damage that Feldheim would suffer. ANY ACTION BY Feldheim TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF Feldheim RIGHT TO PURSUE, AT Feldheim’s SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO Feldheim UNDER THIS AGREEMENT OR BY LAW, INCLUDING BUT NOT LIMITED TO, THOSE REMEDIES IDENTIFIED IN SECTION 23(F).
21. GOVERNING LAW; JURISDICTION AND VENUE
(a) Website, Services & Agreement. You agree that all matters relating to this Agreement, all matters relating to the violation of any copyrights, trademarks, patents, trade secrets and any and all other proprietary information, and Your access or use of the Website and Services, including without limitation all disputes and this Agreement’s interpretation, shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, THE VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO NANUET, NY. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
22. TERMINATION
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Feldheim RESERVES THE RIGHT TO, IN Feldheim’s SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Feldheim. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Subsequent to termination, Feldheim reserves the right to exercise whatever means its deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. If Feldheim, in Feldheim’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Feldheim will be entitled to recover from You as part of such legal action, and You agree to pay, Feldheim’s reasonable costs and attorneys’ fees incurred as a result of such legal action. Feldheim Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 5-7, 14-21 and 23 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed Feldheim.
23. GENERAL
(a) Entire Agreement; Amendment.This Agreement constitutes the entire agreement between Feldheim and You concerning Your use of the Website. This Agreement and any other written agreements executed between You and Feldheim constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Feldheim or by the unilateral amendment of this Agreement by Feldheim and by the posting by Feldheim of such amended version. (b) Severability; Waiver.If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (c) Assignment.This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Feldheim. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. (d) Relationship. You and Feldheim are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. (e) Third-Party Beneficiaries. Except for Feldheim Parties as and to the extent set forth in Sections 15, 19 and 23(e), and Feldheim’s licensors and suppliers as and to the extent expressly set forth in Section 17, there are no third-party beneficiaries to this Agreement. (f) Irreparable Injury. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Feldheim and Feldheim’s licensors and suppliers, and would therefore entitle Feldheim or Feldheim’s licensors or suppliers, as the case may be, to injunctive relief. (g) Notices. All notices required or permitted to be given under this Agreement must be in writing. Feldheim shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Feldheim. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH Feldheim IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY Feldheim OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Feldheim by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to 208 Airport Executive Park, Nanuet, NY 10954. All notices to V will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from Feldheim electronically satisfies any legal requirement that such notice be in writing.
