Last Updated: 06/23/2017
Sales and Refund Policy.
We value you as a customer and want to ensure you enjoy your shopping experience with us. Please review our Sales and Refund Policy, which governs any purchases made through our store.
If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity. You further agree that your account is personal to you and that you will not provide any other person access to the Website or the Services, or any portions of the same, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
User Participation and Submissions.
We do not and cannot review all communications and materials posted to or created by users accessing the Website or Services, including any reviews that may be posted by users of the Website or Services for user Submissions and/or Products offered on the store, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website and Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website or Services. However, we do reserve the right, without any obligation to notify you of the removal or to retain the removed content, to block or remove communications or materials that we determine to (i) be unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) create a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seek to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violate, or encourage any conduct that violates laws or regulations or contains any information or content that is illegal; (v) infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or (vi) be offensive or otherwise unacceptable to us at our sole discretion. Furthermore, it is our policy to decline unsolicited suggestions and ideas.
Transmission of Your Submissions.
The term Submissions also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Website or Services. You understand that the technical processing and transmission of your Submissions (including the possible transmission of Submissions outside its country of origin) may be necessary to your use of the products, services and content offered on or through the Website or Services and consent to Lowell's interception and storage of your Submissions. You understand that you or Lowell may be transmitting Submissions over the Internet, and over various networks, only part of which may be owned and operated by Lowell. You agree that Lowell is not responsible for any portions of your Submissions that are lost, altered, intercepted or stored without authorization during the transmission of Submissions across networks not owned and operated by Lowell.
Copyright Infringement Notification Process.
Lowell abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Website or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Lowell of any such copyright or other intellectual property rights infringement. Similarly, if you believe that any of your Submissions have been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
ATTN: Communications Manager
1400 W. Mars Hill Rd.
Flagstaff, AZ 86001
Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. If your Submission has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Your Obligations & Responsibilities.
We may, at our sole option, from time to time offer Website promotions. The terms and conditions for all promotions (if any) will be explicitly stated in the e-mail, advertisement, article or other communication to which they are associated (such as eligibility requirements, dates of availability, contents of the promotion, etc.). For additional information related to any promotion, please contact firstname.lastname@example.org.
Links to Third Party Sites.
If the Website and Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APPS, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR OWN RISK. WE PROVIDE THIS WEBSITE, SERVICES, THEIR RESPECTIVE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APPS, STORE AND ANY PRODUCTS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOWELL NOR ANYONE ASSOCIATED WITH LOWELL REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, THEIR RESPECTIVE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APPS, STORE AND ANY PRODUCTS) WILL BE USEFUL, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, SERVICES OR THE SERVERS THAT MAKES THE WEBSITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ALSO, WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING PRODUCTS; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, SIZES, PRICES OR OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APPS, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR SOLE RISK. IF YOU PURCHASE ANY PRODUCTS AND/OR DOWNLOAD ANY CONTENT FROM THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITE OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOWELL, ITS AFFILIATES, PROVIDERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE).
IT IS YOUR AND OUR EXPRESS INTENT THAT LOWELL NOT BE LIABLE TO YOU FOR ANY MONETARY DAMAGES AND THAT YOUR SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE TERMINATION OF THE AGREEMENT. HOWEVER, IF IT IS DETERMINED BY A COURT OF COMPETENT JURISDICTION THAT SUCH LIMITATIONS OF LIABILITY IS NOT LEGALLY ENFORCEABLE, IN NO EVENT SHALL LOWELL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF EITHER (1) $50.00 USD OR (2) THE TOTAL YOU PAID DIRECTLY TO LOWELL FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to Lowell Observatory’s Communications Manager. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Lowell within 60 days of the earlier of your first use of the Website or Services or your registration with the Website or Services.
1400 W. Mars Hill Rd.
Flagstaff, AZ 86001
Application and Mobile Platform Providers.
WITH RESPECT TO ANY MOBILE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. ("APPLE") OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES.
IN THE EVENT OF ANY FAILURE OF ANY MOBILE APPLICATION TO CONFORM TO ANY WARRANTIES SET FORTH HEREIN, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, (A) PRODUCT LIABILITY CLAIMS, (B) CLAIMS THAT THE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER ANY CONSUMER PROTECTION OF SIMILAR LEGISLATION, AND (D) CLAIMS THAT THE APPLICATION INFRINGES ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
IF YOU HAVE PURCHASED PRODUCTS, THE FOLLOWING ADDITIONAL PROVISIONS APPLY TO YOU:
Fees and Payment Provisions.
You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.
Your payment information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.