General Terms & Conditions Disclaimer

Agreement between User and https://arkansas-state-capitol-gift-shop.shoplightspeed.com/

Welcome to https://arkansas-state-capitol-gift-shop.shoplightspeed.com/. The https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ website (the “Site”) is comprised of various web pages operated by the Arkansas State Capitol Gift Shop (“Capitol Gift Shop”). https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ is an E-Commerce Site.

Electronic Communications

Visiting https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ or sending emails to Capitol Gift Shop constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen (13)

Capitol Gift Shop is not intended for individuals under the age of thirteen (13) and does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18) years of age, you may use https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ only with permission of a parent or guardian. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at arkansasstatecapitolgiftshop@sos.arkansas.gov to request deletion.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy outlined above.

We have made every effort to display as accurately as possible the colors and images of our products as they appear in our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Capitol Gift Shop that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site.

All content included as part of the Service, such as text, graphics, logos, images, and the compilation thereof, and any software used by the Site, is the property of the Capitol Gift Shop or its suppliers and may be protected by copyright and other proprietary rights, notices, legends, or other restrictions contained in any such content. Nothing contained in these Terms shall be deemed to make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Capitol Gift Shop content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Capitol Gift Shop and the owner of the copyright, or other proprietary rights. You agree that you do not acquire any ownership right in any protected content. The Capitol Gift Shop does not grant you any licenses, express or implied, to the intellectual property of the Capitol Gift Shop or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by the Capitol Gift Shop from its offices within the United States. If you access the Service from a location outside the United States you are responsible for compliance with all local and other applicable laws. You agree that you will not use the Capitol Gift Shop content accessed through https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

User Comments, Feedback, and Other Submissions

If, at the request of the Capitol Gift Shop, you send certain specific submissions (for example, contest entries) or without a request from the Capitol Gift Shop you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that the Capitol Gift Shop may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. The Capitol Gift Shop is and shall be under no obligation to respond to any comments, to pay compensation for any comments, or to maintain any comments in confidence. Comments sent to the Capitol Gift Shop may be subject to the Arkansas Freedom of Information Act (FOIA) at Ark. Code Ann. § 25-19-101 et seq.

The Capitol Gift Shop may, but has no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Capitol Gift Shop or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead the Capitol Gift Shop or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. The Capitol Gift Shop takes no responsibility nor assumes liability for any comments posted by you or any third party.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Capitol Gift Shop or of any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Capitol Gift Shop or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Capitol Gift Shop or any related website for violating any of the prohibited uses.

Changes to Terms

The Capitol Gift Shop reserves the right, in its sole discretion, to change the Terms under which https://arkansas-state-capitol-gift-shop.shoplightspeed.com/ is offered. The most current version of the Terms will supersede all previous versions. The Capitol Gift Shop encourages you to periodically review the Terms to stay informed of its updates.

Contact Us

The Capitol Gift Shop welcomes your questions or comments regarding the Terms:

Arkansas State Capitol Gift Shop

500 Woodlane Street

Little Rock, AR, 72201

Email Address: arkansasstatecapitolgiftshop@sos.arkansas.gov

Telephone Number: 501-682-3593

Effective as of June 01, 2022

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN. THE CAPITOL GIFT SHOP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE CAPITOL GIFT SHOP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE CAPITOL GIFT SHOP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CAPITOL GIFT SHOP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CAPITOL GIFT SHOP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Capitol Gift Shop reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of Arkansas and you hereby consent to the exclusive jurisdiction and venue of the Arkansas State Claims Commission in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Capitol Gift Shop as a result of this agreement or your use of the Site. The Capitol Gift Shop’s performance of the agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of the Capitol Gift Shop’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Capitol Gift Shop with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Capitol Gift Shop with respect to the Site and supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the user and the Capitol Gift Shop with respect to the Site. A printed version of this agreement operates to the same extent and is subject to the same conditions as other business documents and records originally generated and maintained in printed form. All parties expressly agree that this agreement and all related documents must be written in English and that no claim or dispute may be premised upon the failure to provide these Terms or any related document in any other form or language.

Indemnification

You agree to indemnify, defend and hold harmless the Capitol Gift Shop, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any Terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Capitol Gift Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Capitol Gift Shop in asserting any available defenses.

Dispute Resolution

The Arkansas State Claims Commission (the “Commission”) shall have exclusive jurisdiction to resolve any claim or dispute by any party against the Capitol Gift Shop, the Arkansas Secretary of State, or the State of Arkansas arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief. The use of this Site by a customer or third party provider constitutes the party’s agreement to the dismissal of any claim against the Capitol Gift Shop, the Arkansas Secretary of State, of the State of Arkansas, in any state, federal, or international court or tribunal, and that the resolution of the claim or dispute by the Commission shall be final.

Governing Law

These Terms and any separate agreements under which the Capitol Gift Shop may provide you products or services shall be governed by and construed in accordance with the laws of the State of Arkansas.

Class Action Waiver

Any claim or dispute under these Terms will take place on an individual basis: class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Capitol Gift Shop agree otherwise, neither the Commission or a court or tribal may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding.

SOVEREIGN IMMUNITY

NOTHING IN THIS CONTRACT SHALL BE CONSTRUED TO WAIVE THE SOVEREIGN IMMUNITY OF THE STATE OF ARKANSAS.