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Agreement

This website (www.USAmericana.com and sub-domains; herein referred to as the "Website") is owned and operated by USAmericana, of Tucson, Arizona. The following Terms of Use constitute the entire agreement between you (the "User") and USAmericana with respect to the use of this Website, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral. By accessing and using this Website, the User accepts and agrees to be bound by the Terms of Use set forth herein, as well as any applicable laws, rules and regulations. USAmericana may at any time and at its sole discretion, modify or revise the Terms of Use by updating the text of this page.

Eligibility

USAmericana offers this Website for the use of persons who may lawfully enter into and form contracts under applicable law. Use by minors is understood to be with the consent and under the supervision of a responsible adult, parent or legal guardian.

Warning

This Website may include graphic or literary content that some users may find offensive, and/or may be inappropriate for viewing by children or minors. If you find any content offensive, please avoid it or discontinue use of this Website. If you allow a child to use this Website, it is your responsibility to determine whether any content is inappropriate, and to restrict the child's access to this Website accordingly.

License and Ownership

All content found on this Website, including text, graphics, audio, video, data, executable code and programs, is protected by United States and foreign copyright laws and international conventions, and is owned by USAmericana or by parties that have licensed its use. USAmericana grants a limited license to the User to view and download protected materials solely for the User's educational, personal, and non-commercial use, or for the purpose of facilitating a transaction with USAmericana. The use of this Website or any portion thereof for any purpose other than those expressly granted, without the express prior written permission of USAmericana, is strictly prohibited.

Limitation of Liability

This Website is provided on an AS-IS and AS-AVAILABLE basis, and its use is solely your responsibility and AT YOUR OWN RISK. USAmericana does not warrant that this Website or its servers will operate continuously without error or interruption, or are free of computer viruses or other harmful content. Any loss of data or damage to computer hardware that results from use of this Website shall be the sole responsibility of the User. At our sole discretion, we may modify or discontinue this Website, its content, services or features, with or without notice, without liability to the User.

USAmericana makes no claim that the contents of this Website are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access this Website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

This Website may contain inaccuracies or typographical errors. Except as may be specifically provided with respect to a particular sale or transaction, USAmericana makes no representations about the accuracy, reliability, completeness, or timeliness of this Website or its content. Advice received via this Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Some material on this Website is provided by third parties and USAmericana shall not be held responsible for any such material.

Privacy

USAmericana respects your privacy and your need for confidentiality. You can visit most areas of this Website without revealing who you are, but you may be required to identify yourself and provide basic personal information before you can access some areas or use certain features. When you use the commerce (Store or Auction) areas of the Website, your computer's IP address will be logged for fraud prevention.

For more information, please refer to our Privacy Policy.

Security

This Website uses a certified SSL connection with 128-bit encryption for transmission of sensitive data. When your personal information is collected, we will take reasonable and appropriate steps to protect the security of that information from unauthorized access or disclosure. It is the responsibility of the User, however, to protect the security of personal information by controlling account access.

User Submissions

USAmericana may provide certain areas of the Website (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) to any Public Area, you automatically grant USAmericana a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein, alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

USAmericana does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using this Website: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights therein, or have the permission of the owner of the said rights to post or transmit such material to this Website; (2) post material that otherwise violates any proprietary rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing this Website; or (9) post or transmit any information containing a virus or other harmful component.

Cybernetic Integrity

You agree not to use any mechanism, device, software or executable code to affect the proper functioning of this Website or any online service provided by USAmericana. You further agree not to use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any User, or to recreate in original or modified form any substantial portion of the Website. You further agree that you will not take any action that places an unreasonable burden or excessive load on our servers or systems.

Links

This Website may contain links to third-party websites that are maintained by others. These links are provided solely for the convenience of users and do not imply an endorsement by USAmericana of the contents of such third-party websites. USAmericana is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk.

Commerce Areas

By using the commerce (Store or Auction) areas of the Website, the User accepts and agrees to be bound by the terms set forth in the USAmericana Conditions of Sale, and to abide by our Auction Rules.

Copyright Infringement

If you believe that any material on this Website infringes a copyright, contact us promptly so that we may investigate, and, if appropriate, block or remove the infringing material. Provide us with the following information:

  • Your name, address, telephone number, and e-mail address;
  • The name and address of the owner of the copyright;
  • An electronic or physical signature of the owner of the copyright or a person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you claim has been infringed;
  • Identification of specific location of the copyrighted work that you claim has been infringed on this Website;
  • 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 is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks

Website graphics, logos and service names are trademarks of USAmericana. These trademarks may not be used in connection with any product or service not sanctioned by USAmericana, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits USAmericana.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without giving effect to their conflict with laws or provisions of your actual state or country of residence, and by using this Website you consent to the exclusive jurisdiction of the courts of the State of Arizona, U.S.A.

Severability

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Failure of USAmericana to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of right of USAmericana to exercise such rights or remedies or enforce such provision or any other provisions of this agreement in that or any other instance. Any waiver of any provision of this agreement by USAmericana must be made in writing and signed by an authorized representative specifically referencing Terms of Use and the provision to be waived.

Revisions

The User is advised to review this page periodically for revisions. By using this Website after revisions have been posted, the User is deemed to have accepted any new requirements or prohibitions set forth. Once posted, revisions take effect immediately.

Denial of Access

We reserve the right, at our sole and absolute discretion, to suspend or terminate your right to access this Website if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our online services, or violated or attempted to violate the Terms of Use.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS USAmericana, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL, EXPERT AND ACCOUNTING FEES, INCURRED IN CONNECTION WITH ANY CLAIMS, ACTIONS OR DEMANDS ALLEGING OR RESULTING FROM YOUR USE OF THIS WEBSITE, YOUR BREACH OF THESE TERMS OF USE, OR YOUR VIOLATION OF LAW OR OF THE RIGHTS OF ANY THIRD PARTY.
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