“Goods” means any goods and/or services provided by the Museum as ordered by the Client.
“Materials” means text, images, data, media clips.
“Trademarks” means trademarks and logos of Frontiers of Flight Museum or other third parties.
“ Museum” means Frontiers of Flight Museum.
“ Client” means the person, firm or company placing an order with the Museum.
“Site” means the Frontiers of Flight Museum website.
These terms and conditions apply to any Goods or services or Materials provided by the Museum to the Client.
FORMATION OF CONTRACT
All Goods sold by the Museum are sold subject to the Museum’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Museum.
COPYRIGHTS & TRADEMARKS
Copyright and other proprietary rights of the Materials and Trademarks on this Site may be held by third party individuals or entities other than or in addition to the Museum. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks or Materials displayed on the Site without the express written permission of the Museum or any third party that may own the Trademarks or Materials displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
The Museum strives to provide accurate pricing information, however pricing and typographical errors may occur. The pricing, quantity of goods and time of delivery mentioned on this website are not binding on the Museum but the Museum will make all efforts to fulfill the Site pricing.
Payment is required at time of order placement. Site orders for Goods are not complete and will not be shipped until payment has been processed and received.
All sales are final. Goods purchased on the Site are non-refundable and non-transferable. Notwithstanding the above, the Museum will make every effort, but no guarantee, to accommodate Client requested program rescheduling at no penalty to the Client.
All sales are final. Items, memberships and education program reservations sold are non-refundable and non-transferable.
Goods supplied by the Museum will primarily be dispatched via conventional mail delivery methods. Delivery will be deemed to have taken place when the materials are handed to the custody of the Client at his/her premises or to a deputed messenger or courier when posted. The Museum will be entitled to charge the Client for any excess expenses of delivery above and beyond normal postage.
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
LOSS OR DAMAGE TO SUPPLIES
The Museum will take all reasonable steps to ensure the protection from loss, damage or destruction of the Goods it supplies to the Client (or which may be received from the Client).
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
The Museum warrants that it has the right to provide the Goods but otherwise the Goods are provided “AS IS” without a warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your use of the Site or the downloading of any Materials from the Site.
LIMITATION OF LIABILITY
The Museum shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Museum shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Museum against any liability to third parties arising out of the Client’s use of the Goods.
The Client agrees to indemnify, defend, and hold the Museum, its affiliates, trustees, directors, officers, employees or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to the Client’s use of the Site.
REVISION OF TERMS AND CONDITIONS
The Museum may at any time revise these Terms and Conditions by updating this posting. The Client is bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions.