Modifications to these Terms
Use and Restrictions
This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Heritage Division, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or its Contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or its Contents.
Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not: (a) resell products purchased or make other commercial use of the products, Site or its Contents (hereinafter defined); (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software; (c) collect or use any product listings or descriptions; (d) use any data mining or similar data gathering methods from the Site; (e) use, frame or utilize framing techniques to enclose any Heritage Division or OMAST trademark, logo or other proprietary information (including images, text, layout or design) without Heritage Division’s express consent; or (f) except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. Any unauthorized use of the Site will result in you being banned in use of the Site.
Intellectual Property Rights
The Site and its Contents are protected by copyright, trademark, trade dress and other laws and Heritage Division owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Heritage Division and all other trademarks appearing on the Site are trademarks of Heritage Division or are licensed and/or used with permission. You agree not to display or use such trademarks without Heritage Division’s expressed permission.
User Comments, Feedback, Postcards and Other Submissions
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Heritage Division and OMAST on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Submissions”) shall be and remain Heritage Division property. You agree to, if requested by Heritage Division, assign and transfer to Heritage Division all rights in and derived from the Submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. Heritage Division is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any user Comments.
By making any Submission to the Site, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Heritage Division a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Heritage Division or OMAST products in any medium. You agree to indemnity and hold harmless Heritage Division and its affiliates and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use this Site, your Submission and any Personal Rights contained therein.
You consent to receive electronic communications from Heritage Division or OMAST either in the form of an e-mail set to you at the e-mail address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Site shall satisfy any legal requirement that such communication be in writing.
You must establish an account with OMAST in order to purchase through the Site. You are solely responsible for (i) maintaining the security of your account and password; (ii) restricting access to your account; and (iii) keeping your account email address current. You are solely responsible for all activities, including without limitation, all purchases of products on the Site and posting of Submissions, that occur under your account.
We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.
The terms and conditions for shipping can be found in Shipping Information.Modification
Any content offered or posted on this Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Heritage Division reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time from time to time.
Terms of Sale
All product sales from the Site are governed by the Returns & Exchanges policy and the Shipping Information that is posted on the Site. You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies. The policies are subject to change without notice and you review the same before you purchase any product.
Warranties and Disclaimers
The Site, Submissions and content provided via the Site are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, Heritage Division disclaims all representations, warranties and conditions, express or implied with respect to the Site, Submissions, the content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. We reserve the right to revoke offers or correct errors or inaccuracies or omissions.
Limitation of Liability
Governing Law and Jurisdiction
Heritage Division, Inc.
1420 Turk Street unit 405
San Francisco, CA 94115