These Terms and Conditions of Use apply to the “Whitman Digital Subscriptions” services (the “Subscriptions”) which provide a subscriber online access to content and prices developed by Whitman Publishing for identified collectibles. To subscribe to one or more of the Subscriptions, you are required to agree to these Terms and Conditions of Use.
We reserve the right to change these Terms and Conditions of Use at any time with or without notification to you, provided however, we will not change the amount you agreed to pay for the Subscription without notifying you of the change in writing or electronically and offering you the opportunity to accept or decline to continue your subscription.
Your Account and your access to the Subscriptions is password protected and you are solely responsible for maintaining the confidentiality of your password. Any use of the Subscription by any other person is not authorized, and sharing your password and other information identifying you as a customer is prohibited. If we determine that you have shared your username and password with another person or otherwise provided access to your account and the Subscriptions, we have the right to terminate your subscription or to bill your credit card for additional subscriptions.
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password per your subscription (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription period, which may be monthly or annually. Your subscription automatically renews unless you notify us of cancellation not less than 20 days prior to the expiration of the current term, and we will bill your renewal subscription fees to your credit card. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, you can update this information in Manage Subscriptions within the My Account section. If you believe someone has accessed a Service using your user name and password without your authorization, contact customer service immediately at 1-800-546-2995. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Your subscription will renew automatically, unless it is cancelled not less than 20 days prior to expiration unless otherwise required by law. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription more than 20 days before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time by notifying you.
We reserve all applicable rights in the text, graphics, images, video, metadata, design, organization, compilation, and other protectable intellectual property. Your rights under your subscription are limited to a non-exclusive, non-transferable license to view the Subscriptions. You may not sell, publish, distribute, retransmit or otherwise provide access to the information you receive in the Subscriptions to any third party, for compensation or otherwise. You may not use the information provided in the Subscription for any unlawful purpose. We have the right to terminate your subscription or access to the Subscriptions if, in our sole discretion, we determine that you have violated any laws or regulations applicable to the Subscriptions or your use of the Subscriptions or the information contained therein for any unlawful purpose or otherwise violated these Terms and Conditions of Use.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SUBSCRIPTION IS ON AN "AS-IS", "AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND COMPLETE INFORMATION IN THE SUBSCRIPTIONS, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION IN THE SUBSCRIPTION IS ACCURATE, COMPLETE OR CURRENT, AND WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SUBSCRIPTIONS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
We may discontinue the Subscriptions, in whole or in part, at any time. We may alter the types of information provided in the Subscriptions, and we may change the text, graphics, images, video, metadata, design, organization, compilation, content, and other protectable intellectual property in any one or more of the Subscriptions at any time.
These Terms and Conditions and any agreement between you and Whitman regarding your Subscriptions, as well as any and all claims arising therefrom is governed by and construed in accordance with the laws of the State of Georgia (USA), without regard to any conflict or choice of law principles. You agree that the jurisdiction and venue for any litigation arising out of this Agreement will be in the Federal or state courts located in Atlanta, Georgia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.