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Terms of Use
Welcome to The Masonic Exchange. The Masonic Exchange and its affiliates
provide their services to you subject to the following conditions. If you visit
or shop at The Masonic Exchange, you accept these conditions. Please read them
carefully. In addition, when you use any current or future The Masonic Exchange
service (e.g., Friends & Favorites, e-Cards, Auctions, and Honor System) or
visit or purchase from any business affiliated with The Masonic Exchange,
whether or not included in the The Masonic Exchange Web site, you also will be
subject to the guidelines and conditions applicable to such service or business.
Privacy
Please review our Privacy Notice, which also governs your visit to The Masonic Exchange,
to understand our practices.
Electronic Communications
When you visit The Masonic Exchange or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of The Masonic Exchange or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of The Masonic Exchange and
protected by U.S. and international copyright laws. All software used on this
site is the property of The Masonic Exchange or its software suppliers and
protected by United States and international copyright laws.
License and Site Access
The Masonic Exchange grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of The Masonic Exchange.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of The Masonic Exchange. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of The Masonic Exchange
and our affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing The Masonic Exchange's name
or trademarks without the express written consent of The Masonic Exchange. Any
unauthorized use terminates the permission or license granted by The Masonic Exchange.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of The Masonic Exchange so long as the link does not
portray The Masonic Exchange, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any The Masonic Exchange logo or other proprietary graphic or trademark as part
of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. The Masonic Exchange does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use The Masonic Exchange only with involvement of a parent or guardian. The Masonic Exchange
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. The Masonic Exchange reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant The Masonic Exchange and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant The Masonic Exchange
and its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify The Masonic Exchange or its affiliates for all claims resulting from
content you supply. The Masonic Exchange has the right but not the obligation to
monitor and edit or remove any activity or content. The Masonic Exchange takes
no responsibility and assumes no liability for any content posted by you or any
third party.
Copyright Complaints
The Masonic Exchange and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
Risk of Loss
All items purchased from The Masonic Exchange are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
Product Descriptions
The Masonic Exchange and its affiliates attempt to be as accurate as possible.
However, The Masonic Exchange does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by The Masonic Exchange itself is not as
described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice. The List Price is a comparative price estimate and may or may
not represent the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's
estimated or suggested retail price for each of the items included in the set.
Where an item is offered for sale by one of our merchants, the List Price may be
provided by the merchant.
With respect to items sold by The Masonic Exchange, we cannot confirm the
price of an item until you order; however, we do NOT charge your credit card
until after your order has entered the shipping process. Despite our best
efforts, a small number of the items in our catalog may be mispriced. If we
discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge
the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by The Masonic Exchange.
Your purchases from third-party sellers using The Masonic Exchange Payments
are charged at the time you place your order, and third-party sellers may
follow different policies in the event of a mispriced item.
Other Businesses
Parties other than The Masonic Exchange and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we provide
links to the sites of affiliated companies and certain other businesses. We are
not responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites. The Masonic Exchange
does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review
their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
This site is provided by The Masonic Exchange on an "AS IS" and
"AS AVAILABLE" basis. The Masonic Exchange makes no representations or
warranties of any kind, express or implied, as to the operation of this site or
the information, content, materials, or products included on this site. You
expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, The Masonic Exchange
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose. The Masonic Exchange does not warrant that this site, its
servers, or e-mail sent from The Masonic Exchange are free of viruses or other
harmful components. The Masonic Exchange will not be liable for any damages of
any kind arising from the use of this site, including, but not limited to
direct, indirect, incidental, punitive, and consequential damages.
Certain State laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or
all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights.
Applicable Law
By visiting The Masonic Exchange, you agree that the laws of the state of
Colorado, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and The Masonic Exchange
or its affiliates.
Disputes
Any dispute relating in any way to your visit to The Masonic Exchange or to
products you purchase through The Masonic Exchange shall be submitted to
confidential arbitration in Seattle, Washington, except that, to the extent you
have in any manner violated or threatened to violate The Masonic Exchange's
intellectual property rights, The Masonic Exchange may seek injunctive or other
appropriate relief in any state or federal court in the state of Washington, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this
site. These policies also govern your visit to The Masonic Exchange. We reserve
the right to make changes to our site, policies, and these Conditions of Use at
any time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide The Masonic Exchange's copyright agent
the written information specified below. Please note that this procedure is
exclusively for notifying The Masonic Exchange and its affiliates that your
copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed
upon;
- A description of where the material that you claim is infringing is
located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
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