Terms and Conditions

Overview and Definitions

By accessing, opening or using any part of our online store or shopping cart service, hereinafter referred to as the “Service,” you agree to be bound by this Terms of Service Agreement, hereinafter referred to as the “Agreement.” Please read the stipulations of this Agreement carefully before accessing, opening or using any part of the Service. If you do not agree to all of the terms and conditions contained in this Agreement, you may not use the Service.

This Service is operated by the Division of Library and Information Services, a subsidiary division of the Florida Department of State. Throughout the site, the terms “we,” “us” and “our” refer to the State Library and Archives of Florida. We offer this Service, including all information, tools and services available from it to you, the “User,” conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

In addition to all existing features, tools and services currently available through the Service, any new features, tools or services added to the Service in the future shall be subject to this Agreement. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to this page. You can review the most current version of this Agreement at any time on this page. You, the User, are responsible for checking this page for any changes in the Agreement. Your continued use of the Service following our posting of any changes to this Agreement shall constitute your acceptance of these changes.

Billing Information and User Accounts

You agree to provide current, complete and accurate billing, mailing and account information for all purchases made using our Service. You agree to promptly update your billing, mailing and other account information as needed. You agree that the Division of Library and Information Services shall not be responsible for any losses, damages, delays in providing service, or other problems caused by inaccurate, incomplete or outdated information provided by you.

As part of your use of the Service, you may establish a User account. Do not reveal your account information, including your User name, password or other personal details to anyone. You are solely responsible for safeguarding the confidentiality of your User account information. You are also solely responsible for all activities that occur on or through your account. You agree to notify the Division of Library and Information Services immediately in the event of any suspected or confirmed breach of your account’s security. The Division of Library and Information Services shall not be responsible or liable for any losses arising from any unauthorized use of your account.

Privacy of Information

Your submission of personal information through our Service is governed by our Privacy Policy. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to the State Library and Archives of Florida, the Florida Department of State or any email address posted on our website. Instead, contact the Division of Library and Information Services by phone or in writing.

By accessing, opening or using any part of our Service, you indicate your understanding that all information provided by you (excluding credit card information) may be transferred without encryption over various networks and altered to conform or adapt to the technical requirements of other networks, servers or devices handling said information. All credit card information provided by you for transactions involving our Service is processed solely by a third-party processing company, and is at no point during any transaction stored on or accessible from any server, network or individual at the Division of Library and Information Services.

 

Site Content

This Service provides online access to materials in the custody of the State Library and Archives of Florida. These materials are provided for historical research and educational purposes only. The views expressed in these materials do not necessarily reflect those of the Florida Department of State or the Division of Library and Information Services. The content of some materials may be considered sensitive in nature or inappropriate for some audiences. The Division of Library and Information Services assumes no obligation to label or flag any material as sensitive. You, the User, assume full responsibility for determining which materials are appropriate for your use.

There may be information accessible through this Service or other pages maintained by us containing typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, shipping times, or availability. We reserve the right to correct any errors, inaccuracies or omissions at any time, but we undertake no obligation to update any such errors, inaccuracies or omissions at any particular time. We also reserve the right to change, update or cancel any orders if any of the information accessible through the Service or any related pages is inaccurate. We may do this at any time, including after you have submitted your order, without notice.

Furthermore, although we strive to display as accurately as possible the images of our products available for purchase through our Service, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We undertake no obligation to update, amend or clarify information accessible through the Service or any related page, including without limitation pricing information, except as required by law. No specified refresh or update date given on the Service or any related pages should be taken to indicate that all information accessible through the Service or related pages has been modified or updated.

Modifications to Prices and Content

The charges for items purchased using the Service are established in accordance with Section 15.09, Florida Statutes. State law requires that all fees for services be collected in advance (see Attorney General Opinion 77-120). Cash, checks, money orders (payable to the Florida Department of State), government purchase orders, and credit cards (Visa, MasterCard, and Discover only) are acceptable forms of payment.

Prices are subject to change without prior notice. We shall not be liable to you or to any third party for any losses or damages resulting directly or indirectly from any modification of our prices, or for any modification, suspension or discontinuation of our Service.

Availability of Service

The Division of Library and Information Services reserves the right to restrict the reproduction of any materials where the act of reproducing these materials may endanger their continued preservation.

Services are rendered on a first come, first serve basis. Orders involving large quantities of materials will be completed as time permits. Records will not be loaned to patrons for the purpose of reproduction offsite from the Division of Library and Information Services.

Permissible Uses of Our Service

The use of any materials in the custody of the Division of Library and Information Services is governed by state law and, in some cases, by the terms of the donation agreement under which the State Library and Archives acquired the materials. Proper citation or credit must be given for any item quoted from or reproduced in any public exhibition or publication, in accordance with Section 257.35(6), Florida Statutes. Please contact the Division of Library and Information Services if you have any questions regarding the credit and use of any material presented on this website.

You are prohibited from using the Service or any page or web component related to it: (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 that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of material presented on these third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Disclaimer of Warranties; Limitation of Liability

We do not warrant that the results obtained from the use of our Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time, and we may cancel the Service at any time, without notice to you.

You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement of copyright.

In no case shall the Division of Library and Information Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages; whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless the Division of Library and Information Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. If the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us, and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

Contact Information

Our physical address is:
Division of Library and Information Services
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399

Questions about this Agreement should be submitted to Archives@dos.myflorida.com.