The Pierce-Arrow Foundation seeks to advance community engagement and provide leadership to meet changing needs in our region. We are committed to decreasing disparities and advancing equity in the communities we serve. The Foundation’s ability to achieve this commitment is best supported by board members, management, staff, and volunteers who represent diverse backgrounds, beliefs, and perspectives. The Pierce-Arrow Foundation believes that diversity encompasses, but is not limited to, ethnicity, race, age, gender identity, sexual orientation, economic circumstances, physical and mental abilities and characteristics, and philosophy.
The Pierce-Arrow Foundation respects and celebrates diversity and its important role in contributing to a healthy, caring, and equitable community. The Foundation commits its resources to change in ways that signal to groups with diverse cultures, philosophies, and experiences that they are welcome partners in the efforts to foster inclusion.
The Pierce-Arrow Foundation prohibits discrimination on the basis of race, color, religion, creed, sex, age, marital status, national origin, mental or physical disability, political belief or affiliation, veteran status, sexual orientation, gender identity and expression, genetic information, and any other class of individuals protected from discrimination under state or federal law. We will not discriminate against any employee, volunteer, or job applicant in matters of employment, recruitment, board membership, employment advertising, compensation, termination, advancement, promotion, or other conditions of employment.
The Pierce-Arrow Foundation ensures the privacy of its donors of any materials or funds. The Foundation will not trade, share, or sell a donor’s personal information with anyone else or other organizations, nor send donor mailings on behalf of other organizations. This policy is comprehensive and applicable to both online and offline donors. The donor information that will be kept private includes the donor’s email address, physical address, phone number, and other personal information. Any donor can ask the Foundation to remove the donor’s name and contact information from its mailing list at any time.
This Privacy Policy lists the data and personal information Pierce-Arrow Foundation (“PAF,” “we,” “us,” or “our”) collects at this site and lists our policies and procedures related to that data. By sharing your personal information with us, and by continuing to use our website, you confirm that you have read and understood the terms of this privacy policy. In addition to reviewing this Privacy Policy, please read our Terms and Conditions of Use. Your use of the website constitutes your agreement to be bound by the Terms and Conditions of Use and this Privacy Policy. If you do not agree to the Terms and Conditions of Use and this Privacy Policy, you should not use this website.
This Privacy Policy relates only to PAF and https://pierce-arrowmuseum.org/ and not to any third-party site or service linked to or used by our website or recommended or referred by us or through our website.
If you have any questions, comments or concerns about any aspect of this policy or how PAF handles your information please email our Privacy Policy Coordinator at info@pierce-arrowmuseum.org.
Why we collect information:
The Pierce-Arrow Foundation is a not-for-profit organization dedicated to deepening our understanding and appreciation of Pierce-Arrow and automotive history. We will use your personal information to support this mission. We also collect analytical information to provide a better website experience for all of our users.
We collect information in the following ways:
Information you give us. You are free to visit our website without giving us any of your personal information. Not all website features may be available to you if you do not provide personal information. If you fill out a “contact us” form or request a live chat on our website, you will see the information that our forms request, such as your name and contact information. If you make a purchase on our website, you may also be requested to provide payment card information, including name and account information, a billing address for your payment card and shipping address for any tickets or other services or goods purchased. We also provide the opportunity to sign up for email communications, such as newsletters. If you sign up, you will see the
information that our contact form requests, such as your email address. We’ll also keep track of the mailing lists that you subscribe to on our website.
Our website is not meant to collect data from children under the age of 18. If you know of children’s information collected through our website, please contact us at info@pierce-arrowmuseum.org.
Information we get from your use of our website. We collect information about how and when you use our website. This information includes:
Usage Information:
We place one or more cookies on your device when you use our website. “Cookies” are small text files that websites save onto your device via your web browser. We use cookies to identify you when you return to our website using the same device. We also may use cookies to keep track of your on-line shopping cart.
We store how you interact with our website to personalize content to be delivered based on your historical interaction with our website. This includes web pages visited on our website and links clicked, time on web page, and how often you visit our website. We also know how you were directed to our website and whether you engaged with emailed content.
Do Not Track (“DNT”) is a setting in a web browser that directs websites not to track your behavior. You can activate the DNT settings through most browsers. We do not track users across third party websites, so we don’t respond to DNT signals.
Device information:
We may collect device-specific information from your web browser, including the device model, browser, operating system, screen size, and HTML5 audio and video capabilities. This helps us personalize your experience with our website.
We may also collect the Internet Protocol address which was used by your device to access our website. Your general geographic location may be derived from Internet Protocol addresses, including country, region, and city.
We use information in the following ways:
Information Usage. We use the personal information you share with us and device information that we collect in the following ways:
Information Retention.
We retain your personal information so long as it serves the purposes listed in this Privacy Policy, including sending you newsletters and other general messages (unless you’ve unsubscribed), to collect and monitor traffic and other usage statistics at our website, and to comply with our legal obligations.
Changes to Information
We need your help in making sure your personal information is correct in our systems. Please notify us of changes to your name, address, title, phone number, or email address. You may correct your personal information or select the option not to receive future PAF contacts (for example, mailings, calls, etc.) by emailing us at the address below. In the event you elect not to receive any future contacts by PAF, we will endeavor to remove your name from all of our contact lists; however, we can only promise to endeavor to remove you from any lists we control. We shall have no liability under this Privacy Policy for our failure to accomplish this objective.
Service Providers’ Access to Information:
We may share your Personal Information with our Service Providers, who are bound by self-certification, law, or contract to protect your Personal Information and only use your Personal Information in accordance with our instructions.
Our Service Providers may also collect information on our behalf.
Our Service Providers may also collect information during a relationship with you independent of PAF. Such services are not part of the website, and the use of personal information with respect to such services is governed by the service providers’ own policies.
We disclose information for the following reasons:
Information Sharing. We do not sell or provide your Personal Information to third parties for their own marketing purposes. We limit our sharing of your Personal Information to our Service Providers as described herein.
We may also disclose Personal Information where needed to effect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will also always disclose Personal Information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate.
Your Choices:
Limit Disclosures. You can always limit the information you provide to us. You can also limit the communications that we send to you. To opt-out of emails or newsletters, simply click the link labeled “unsubscribe” at the bottom of any communication we send you.
Limit Cookies. In many cases, you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available.
Notice to European Visitors and Rights Under the GDPR.
Some of the personal information we collect and process may be considered personal data under the General Data Protection Regulation (“GDPR”). If you wish to know what personal data we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at info@pierce-arrowmuseum.org.
PAF is in the United States of America, as is our main website server. Any Personal Information that you provide while using any of our website may be transferred to, and processed in, the United States. By providing us with your Personal Information, you agree to the use and the collection of your Personal Information by PAF and its affiliates and consent to the transfer of your Personal Information outside the country of your residence as notified in this Privacy Policy. To the extent that such transfers are conducted without an appropriate safeguard, possible risks involved in making a transfer to the United States are that the United States does not consider the protection of natural people in relation to the processing of data to be a fundamental right. There will be no local supervisory authority, and no (or only limited) individual data protection or privacy rights. You may withdraw consent to the transfer by contacting our Privacy Policy Coordinator at info@pierce-arrowmuseum.org.
You also have the following rights related to your personal data under European Union law:
Legal Basis for Processing Your Information
Depending on what information we collect from you and how we collect it, we rely on various grounds for processing your information under the GDPR, including the following reasons:
Protection of Personal Data
We protect the data you send in contact forms (name and email address) by storing it on password-protected computers and by sharing it only with Service Providers who have agreed to use it only as we instruct and within the law. However, you should be aware that, once we use information in a contact form to send you an email, that information is outside of our control and our Service Providers’ control and could be compromised online.
We do not directly store the personal data that may be included in usage data collected by cookies and other mechanisms at our site. That data is collected and stored on our behalf by our Service Providers under their security procedures.
Unfortunately, we cannot guarantee the security of personal data. By using our website, you acknowledge and agree that we make no guarantee and that you use our website at your own risk.
Changes to this Privacy Policy
From time to time, we may update this Privacy Policy to reflect new or different privacy practices. We will place a notice online when we make material changes to this Privacy Policy. Additionally, if the changes will materially affect the way we use or disclose previously collected Personal Information, we will notify you about the change by sending a notice to the primary email address associated with your account.
These policies cover all records regardless of physical form or characteristics which have been made or received by Pierce-Arrow Foundation while doing business.
I. Purpose of Policies
These policies provide for the systematic review, retention, and destruction of records received or created by Pierce-Arrow Foundation in connection with the transaction of business. These policies cover all records, regardless of physical form, and contain guidelines for how long certain records should be kept and how records should be destroyed.
These policies are designed to ensure compliance with federal and state laws and regulations, to eliminate accidental or innocent destruction of records, and to facilitate Pierce-Arrow Foundation’s operations by promoting efficiency and freeing up valuable storage space. Included in the federal laws necessitating compliance with these policies is the Sarbanes-Oxley Act (“The American Competitiveness and Corporate Accountability Act of 2002”), which makes it a crime to alter, cover up, falsify, or destroy any document with the intent of impeding or obstructing any official proceeding.
II. Records Covered
These policies apply to all records in any form, including electronic documents. A record is any material that contains information about Pierce-Arrow Foundation’s plans, results, policies, or performance. Anything that can be represented with words or numbers is a business record for purposes of these policies. Electronic documents must be retained as if they were paper documents. Therefore, any electronic files, including information received online, that fall into one of the document types on the schedule must be maintained for the appropriate amount of time.
III. Record Retention
Pierce-Arrow Foundation follows the document retention procedures outlined below. Documents that are not listed but are substantially like those listed in the schedule will be retained for the appropriate length of time.
Permanent records: Records required by law to be permanently retained and which are ineligible for destruction at any time for any reason. These records are necessary for the continuity of business and the protection of the rights and interests of the organization and of individuals. No record may be destroyed if in any way the records refer to, concern, arise out of or in any other way are involved in pending or threatened litigation. While the listings below contain commonly recognized categories of records, the list should not be considered as having identified all records that Pierce-Arrow Foundation may need to consider for permanent and non-permanent status. In particular, and as noted above, any documents that are, or may be involved in pending or threatened litigation, must be retained.
Non-permanent records: Records are not required by law to be permanently retained and may be destroyed after the passage of certain years or upon the passing of events as defined by these policies. No record may be destroyed if it refers to, concerns, arises out of, or is otherwise involved in pending or threatened litigation.
Destruction after 7 years:
Destruction after 3 years:
IV. Emergency Planning
Pierce-Arrow Foundation’s records will be stored in a safe, secure, and accessible manner. All documents and financial files that are essential to keeping Pierce-Arrow Foundation operating in an emergency will be duplicated or backed up at least every week and maintained off-site. All other documents and financial files will be duplicated or backed up periodically in increments determined by the Treasurer.
V. Document Destruction
The Treasurer of the Pierce-Arrow Foundation Board of Trustees is responsible for the ongoing process of identifying its records which have met the required retention period and overseeing their destruction. Destruction of financial and personnel-related documents will be accomplished by shredding. Document destruction will be suspended immediately upon any indication of an official investigation or when a lawsuit is filed or appears imminent. Destruction will be reinstated upon conclusion of the investigation or claim, whichever is latest.
VI. Compliance
Failure on the part of employees to follow this policy can result in possible civil and criminal sanctions against Pierce-Arrow Foundation and its employees and possible disciplinary action against responsible individuals. The Curator and the Chairman will periodically review these procedures with legal counsel or the organization’s certified public accountant to ensure that they follow new or revised regulations.
Questions concerning these policies, and the applicability of certain records to the retention or destruction policies, must be addressed to the Treasurer of the Board of Trustees.
Welcome to Pierce-Arrow Foundation (“PAF”) Website located at https://pierce-arrowmuseum.org/ (the “Website”). It is important to us that you, and all our visitors, have the best possible experience while using our Website, and that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use along with our Privacy Policy (which is made a part of these Terms and Conditions of Use) as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by the Terms and Conditions of Use and Privacy Policy. If you do not wish to be bound by the Terms and Conditions of Use and Privacy Policy, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully.
The Website provides information about PAF and parties unrelated to PAF (“Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.
Eligibility. This Website is offered and made available to users who are 18 years of age or older and who are willing to be bound by the terms of these Terms and Conditions of Use. By using this Site, you represent and warrant that you are of legal age to form a binding contract with PAF and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, and/or do not wish to be bound by these Terms and Conditions of Use, you must not access or use the Website.
License. PAF grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content thereon in accordance with these Terms and Conditions of Use. PAF may terminate this license at any time for any reason. You may access and display Content from the site for your personal, non-commercial use only. Content includes, but is not limited to, text, images, videos, and audio-visual works published on the Website.
Limitations on Use. The Content on this Website is for authorized use only and not for your or third-party commercial exploitation. You must not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Website or Content without PAF’s prior written consent. You may not copy, modify, reproduce, republish, distribute, display, sell, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, including any Content published thereon, except to the extent authorized by PAF. You may not use or otherwise export or re-export the Site or any portion thereof, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Information is prohibited. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of PAF, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
Registration. To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If PAF believes the details are not correct, current or complete, PAF has the right to refuse you access to the Website and remove all Content that you have contributed or any of its resources, and to terminate or suspend your account.
Security. Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). PAF shall be entitled to monitor your password and, at its discretion, require you to change it. If you believe that there has been unauthorized use, you shall notify PAF immediately by emailing PAF. If you use a password that PAF considers insecure, PAF will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PAF reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. PAF also has the right to refuse you access to the Website or any of its resources, remove Content that you have contributed and terminate or suspend your account.
Third-Party Content and Links; Recommendations and Opinions. The Website includes information provided by Third Parties including opinions and advice of experts and non-experts in the field of automotive research. PAF, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties. The Website also may include the personal recommendations and opinions of PAF or others, including, but not limited to, recommendations or opinions given by PAF contributors. PAF does not undertake responsibility for screening PAF contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting PAF contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide. Although PAF may have endorsement arrangements with some companies, neither PAF, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website, from any Third Parties, or from any Third Party Website. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs. Further, it is up to you, the user of this Website, to determine whether any advice satisfies your needs. Neither PAF, Affiliates nor their respective employees or agents make any representation or warranty or assume any liability regarding the advice or services that may be provided to you from PAF contributors or any other participants on the Website. PAF contributors or other participants do not have any authority to bind PAF or make statements on behalf of PAF. The Website includes hyperlinks that will take you out of the Website to the Website of Third Parties. Links to Websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to Websites of Third Parties are provided for your convenience only. Neither PAF nor Affiliates control the Content or operation of any linked Websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked Website. Neither the publication of Content or advertisements of Third Parties on the Website nor links to Websites of Third Parties constitutes an endorsement of Third Parties or their products or services by PAF, Affiliates or their respective employees or agents. The Website may run advertisements and promotions from Third Parties. Your dealings with or participation in the promotions of such Third Parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such Third Party. PAF does not guarantee and shall in no way be responsible for the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible for or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or because of such Third Party information or advertisements on the Website. If you have a dispute with one or more advertisers or other Third Parties, you release PAF from any claims, demands and damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. PAF does not approve or control the Content posted by others; rather it merely provides a platform and venue for allowing users to access or provide information and other Content. PAF is not liable for any Content contributed by Users on the Website. PAF assumes no responsibility for monitoring the Website for appropriate Content or conduct and has no obligation to screen, edit, or remove any of the Content. PAF reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any Content at any time and for any reason or for no reason. PAF may or may not enforce these Terms and Conditions of Use in its sole and absolute discretion, and a failure to enforce or waiver of a breach of these Terms and Conditions of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms and Conditions of Use do not create any private right of action on the part of any Third Party or any reasonable expectation that the Website will not contain any Content that is prohibited by these Terms and Condition of Use. PAF does not endorse or warrant any Content or other information available on the Website or guarantee the accuracy, integrity or quality of such Content or other information. Additionally, PAF cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Website, you may be exposed to Content that is offensive, indecent objectionable or otherwise violates these Terms and Conditions of Use or PAF Community Guidelines. Under no circumstances will PAF be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted or otherwise made available via the Website. You use the Website at your own risk.
Disclaimer of Advice. The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional. Some of the opinions expressed on this Website are the opinions of the authors/contributors. Neither PAF, Affiliates nor any of their employees or agents assume any liability for the Content of any materials or opinions of contributors provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither PAF, Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information, Content or instruction contained on this Website.
Privacy. Please review our Privacy Policy for information about our use of information collected through the Website.
Copyright and Trademarks. All Content on the Website, including text, graphics, logos, button icons, images, photographs, metadata, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of PAF, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including are registered or unregistered trademarks of PAF, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
Responsibility. Please act responsibly when using this Website. You may only use this Website and its Contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a Third Party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by PAF) or privately transmitted on or through this Website are the sole responsibility of the author/contributor, not PAF, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Linking and Framing. Without the prior written permission of PAF, you may not frame, or make it appear that a Website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of PAF or any of their licensors into another Website or other service.
Rights to All Submissions. With the exception of any and all Video Submissions described below, all material you submit to our Website including, without limitation, public postings, chat rooms, forums, blogs, moderators and other areas, and any material you submit via emails to info@pierce-arrowmuseum.org or in any form to any representative of the Website, whether text or images, becomes the property of PAF and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, Websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on the Website. you are granting to PAF, its partners, vendors, production companies, and programming and Content distributors, and anyone else authorized by PAF, and the Affiliates, licensees, successors and assigns of same, a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on PAF’s community and social media Websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant PAF, and anyone authorized by PAF, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as PAF deems appropriate without any obligation by PAF. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to PAF as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as photographs or original artwork. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. PAF has the right to reject any submissions, and you acknowledge that PAF may have similar materials. By using this Website, you waive all right to any submission.
Rights to Video Submissions. If you submit user-generated video to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant PAF a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your user-generated video submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share any revenue that PAF may or may not earn or generate through its use of your Video Submission.
PAF’s Right to Use Your Video Submission. You grant PAF the non-exclusive right to edit, blur or remove Content in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the Websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video, DVD products, motion pictures, blogs, Websites, mobile services, products or any other commercial promotion) of PAF an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other Third Parties. You also grant PAF the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such Websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for PAF Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for PAF’s use and distribution of your Video Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that (i) no licensed music or other protected materials are used in your Video Submission; (ii) no further permissions or fees are due for PAF’s use and distribution of your Video Submission or any Elements therein; (iii) any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any Third Parties; (iv) you have not accepted money or other consideration from Third Parties for your Video Submission; (v) no logos or brand identifiers are visible in your Video Submission or, if visible, you grant to PAF the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Video Submission; and (vii) no money or other compensation is due to any person, entity, or union in relation to the Video Submission.
Release and Waiver; Indemnification. You acknowledge that PAF will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to defend, indemnify, and hold PAF harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store, or otherwise transmit on or through the Website or your use of the Website, including, without limitation, any actual or threatened suit, demand, or claim made against PAF arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions of Use, or your violation of the rights of any Third Party.
Objectionable Content, Unlawful and Other Prohibited Activity. You are prohibited from using any features of this Site to compromise security or tamper with system resources or registrations. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, PAF reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents.
PAF further requires that you do not post emails or submit them to or publish through comments or forums or otherwise make available on this Website any Content or act in a way which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;
(i) advertises any commercial endeavor (e.g., offering products or services for sale) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(m) copies any other pages or images on this Website except with appropriate authority;
(n) amounts to a ‘pyramid” or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of Content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) disobey any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website;
(q) provides untruthful and inaccurate registration information and/or Content;
(r) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18;
(s) promotes or provides information or Content that the user knows is false or misleading;
(t) promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
(u) contains links to other sites that contain the kind of Content which falls within the descriptions set out at (a) to (t) above.
PAF reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information.
Order Acceptance. All orders submitted through the Site are subject to acceptance by PAF and electronic confirmation of order receipt may be issued. Confirmation of order receipt does not constitute acceptance of your order. An order may be accepted in written acceptance or by processing payment for or fulfilling the order. All purchases from the Website are subject to these Terms and Conditions of Use. If you do not agree to any of these terms, we will not be able to accept your order.
Shipping. In some instances, PAF has arranged for product vendors to ship products directly from their locations to purchasers. If you order products supplied by such a direct ship vendor, or by different such vendors, products will be shipped to you separately from either the Site or from the respective vendor locations. PAF will have no responsibility for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
Delivery. PAF is not to be accountable for delays in delivery occasioned by acts of God or other circumstances over which PAF has no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall PAF be liable for any consequential or special damages arising from any delay in delivery.
Reversed Charges. You agree that, if you dispute a charge with your payment card company, you will pay any charge back costs incurred related to reversed charges as well as the initial charge you are disputing.
Third Party Sales Terms. Various other products may be offered for sale through the Website or through links from the Website. These other products may be offered by Third Parties and are not offered for sale by PAF or its Affiliates. Although the products offered may contain trademarks owned by PAF or its Affiliates, they may not be products manufactured, endorsed or sold by PAF or its Affiliates. All terms of sale including, but not limited to, quality, pricing, returns, shipping policy and warranty are governed by the terms and conditions as set forth by the Third Parties on their Websites or communicated by other means. You purchase products from these Third Parties at your own risk. Neither PAF, its Affiliates nor any of their respective employees or agents are responsible for products purchased from Third Parties. All the provisions of these Terms and Conditions of Use apply to purchases by you of products offered by Third Parties including, without limitation, the provisions relating to release, waiver, indemnification and limitation of liability.
Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other Content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither PAF, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. License of and use of photographs and other documents is on an “AS IS” basis and no warranties, including warranties of copyright, are provided by PAF. We make no representation that the information, including metadata, is accurate. Users should use photographs, metadata and documents obtained from the Website at their own risk. PAF assumes no liability for any copyright claims arising from the use of any photographs or documents obtained from PAF or the Website. To the full extent permitted by applicable law, PAF, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, copyright or any warranty that the Website will operate uninterrupted or error free. PAF does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. PAF does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise. PAF makes no warranties that your use of the materials on the Website, information, software, facilities, Forums, service or Content will not infringe the rights of others and PAF assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content. In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, PAF, Affiliates, Third Parties and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate. UNDER NO CIRCUMSTANCES WILL PAF, AFFILIATES OR ANY OF THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PHOTOGRAPH, DOCUMENT, PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.
Investigations. PAF reserves the right to investigate suspected violations of these Terms and Conditions of Use including, without limitation, any violation arising from any submission, posting or emails you make or send to the Website. PAF may seek to gather information from the user who is suspected of violating these Terms and Conditions of Use, and from any other user. PAF may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PAF believes, in its sole discretion, that a violation of these Terms and Conditions of Use has occurred, it may edit or modify any submission, posting or email, or remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action it deems appropriate. PAF will fully cooperate with any law enforcement authorities or court order requesting or directing PAF to disclose the identity of anyone. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless PAF from any claims resulting from any action taken by PAF during or because of its investigations or from any actions taken because of investigations by either PAF or law enforcement authorities.
Modification; Waiver of Terms. The Website and the products, services and programs described on the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time in our sole and absolute discretion. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. Please review these Terms and Conditions of Use periodically and check the version date for changes. No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of PAF. PAF reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, Content, product or service with or without notice. PAF shall not be liable to you or any third party should PAF exercise its right to modify or discontinue the Website or part of it.
Michigan Law. This Website is created and maintained in the State of Michigan, USA. As such, the laws of the State of Michigan govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Michigan, acknowledge that venue is only proper in the courts in Barry County, Michigan and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action arising from or relating to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred. Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect.
Dispute Resolution, Including Arbitration and Class Action Waiver. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at PAF, 6865 W. Hickory Road, Hickory Corners, MI 49060. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our Privacy Policy (including any dispute as to its breach, termination, enforcement, interpretation or validity), our Site and Content will be resolved exclusively by binding arbitration, in a venue and manner to be agreed upon by you and us. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT. You may, in arbitration, seek all remedies otherwise available to you where you reside, other than as waived in these Terms and Conditions. You have the right to hire an attorney to represent you in arbitration. Arbitration shall permit the discovery of relevant information that is not privileged or protected.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim, and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
You and PAF agree not to join or consolidate claims in arbitration or in legal action by or against the other. You and PAF also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
Digital Millennium Copyright Act (DMCA). PAF is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. PAF designates the following individual as its agent for receipt of notifications of claimed copyright infringement: David White, Pierce-Arrow Foundation, 6865 W. Hickory Road, Hickory Corners, MI 49060. With all such correspondence, please include the following: (1) full name and contact information of the requestor and, if an agent, a statement that the agent is authorized to act on the owner’s behalf; (2) identification of the material that is claimed to be infringing or to be the subject of infringing activity; and (3) the reason for the request.
Entire Agreement. These Terms and Conditions of Use and the Privacy Policy constitute the entire agreement between us and you with respect to the Site. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.
Contacting Us. You may contact us at the following address: info@pierce-arrowmuseum.org
The Pierce-Arrow Foundation requires trustees, officers, employees, and volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As representatives of the Pierce-Arrow Foundation, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations.
Reporting Responsibility
This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns internally so that the Pierce-Arrow Foundation can address and correct inappropriate conduct and actions. It is the responsibility of all Board members, officers, employees, and volunteers to report concerns about violations of the Pierce-Arrow Foundation’s code of ethics or suspected violations of law or regulations that govern the Pierce-Arrow Foundation’s operations.
No Retaliation
It is contrary to the values of the Pierce-Arrow Foundation for anyone to retaliate against any board member, officer, employee, or volunteer who, in good faith, reports an ethics violation or a suspected violation of law, such as a complaint of discrimination, suspected fraud, or a suspected violation of any regulation governing the operations of the Pierce-Arrow Foundation. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment.
Reporting Procedure
The Pierce-Arrow Foundation has an open-door policy and suggests that employees share their questions, concerns, suggestions, or complaints with their supervisor. If you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor’s response, you are encouraged to speak with the Board Secretary, who is also the Compliance Officer. The Board Secretary, serving as the Compliance Officer, is responsible for ensuring that all complaints about unethical or illegal conduct are investigated and resolved. The Compliance Officer will advise the Board of Trustees of all complaints and their resolution, and will report annually to the Board on compliance activity relating to accounting or alleged financial improprieties.