THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH ACREY ART & SACRAMENTOART.COMTM OWNER LINDA ACREY AND OUR WEB SITES ARTSALES.NET TM SACRAMENTOART.COM, ITSCARDS.COM AND LINDAACREY.COM herein reffered to as "WE", "US", "COMPANY", "OUR COMPANY", AND WHOS ADRESS IS PO BOX 162 SUTHERLIN, OR 97479, OFFER YOU ACCESS TO OUR SERVICES AND PRODUCTS OFFERED FOR SALE. THE AGREEMENT DESCRIBES YOUR RESPONSIBILITIES AND LIMITS COMPANY’S LIABILITY, AMONG OTHER THINGS. BEFORE USING COMPANY’S SERVICES OR PURCHASING PRODUCTS ON COMPANY WEB SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY BUYERS BY SETTING UP AN ACCOUNT ONLINE, AND ADVERTISERS BY SETTING UP AN ACCOUNT ONLINE OR BY SIGNING AND EITHER FAXING, EMAILING OR MAILING THIS AGREEMENT TO COMPANY IN ITS ENTIRETY, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE COMPANY SITE.
COMPANY reserves the right, in its sole discretion, to amend or revise this Agreement at any time by posting the amended or revised terms on the COMPANY site. The amended or revised terms shall automatically be effective, and you agree to be bound by the Agreement as amended or revised immediately after the amended or revised terms are initially posted on COMPANY site. This Agreement may not be otherwise amended or revised except in writing signed by both parties. This Agreement, in its current form, was posted JUNE 2010.
1. SERVICES AND FEES:
1. A. COMPANY ONLINE SITE is a web site for buyers to buy products, Aadvertisers to advertise themselves, their business or art group.
1. B. COMPANY may notify its network of users and members of upcoming events such as art shows, contests, art opportunities, call to artists, client’s art needs, charity fundraising with art and other community events and announcements and opportunities as they arise. This is a service offered by COMPANY to help artist’s, art related businesses and art groups network and build their businesses and promote participation in community art activities.
1. C. COMPANY provides services for fees and sells products.
1. D. A Fees Chart is posted in our Information Section
1. E. Fees are subject to change without notice.
1. F. Current Services offered are listed in the Information and/or in the SERVICES sections on the site.
1. G. COMPANY reserves the right to add or delete sections and services on the site.
2. Membership:
2. A.COMPANY ’s services are available only to United States OF AMERICA legal residents who can form legally binding contracts. Services are not available to persons under the age of 18. If you do not qualify, do not use COMPANY ‘s services. By using COMPANY ’s services, you are representing that you are a U.S.a. legal resident and can form legally binding contracts. COMPANY in its sole discretion may refuse or discontinue its services to anyone at any timE.
2. B. USE OF OUR WEB SITE SIGNIFIES YOUR AGREEMENT TO OUR TERMS. You may become a Registered User by filling out the required fields while opening an account in the Customer Service LOGIN section on the site. You must first
truthfully complete all of the information asked for while submitting a
Registered Users Application, thus enabling you to buy products or services and/or advertise on
COMPANY's site. You must provide, including, but not limited to; your real and legal name,
valid address, phone number and email address; and
your legal business name, valid physical and mailing business addresses,
business phone and fax numbers and email address. COMPANY uses PayPal for payment method or a mail in check or US Postal money order option. In purchasing items on the
site through PayPal, you must also provide information concerning your valid credit card information to PayPal. You agree to update all information promptly in order to keep
it current, complete and accurate. Buyers: If you do not have a credit card, or
do not choose to use your credit card, you may mail in your payment for items purchased and you agree to abide by the guideline specified herein of this
privilege.
2. C. By becoming a Registered User, you are authorized to use the COMPANY site solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to advertise or purchase items through the COMPANY site or for any other purpose.
2. D. Membership is a privilege granted to you solely by COMPANY. This site is not for everyone. Applications may or may not be accepted. COMPANY previews advertising materials prior to displaying on the site. If accepted, your work may be shown on the site. This is a privately owned business and COMPANY has the final say in, but not limited to, any works shown, content, policies, disputes and or disagreements arising out of the use or attempted use of the site. If you do not agree with COMPANY’s terms and or policies then do not use the site. All decisions made by COMPANY regarding anything pertaining to use or attempted use of the site are final. COMPANY reserves the right TO REFUSE service to anyone.
2. E. Excessive emailing, harassing or spamming of other members including, but not limited to, our advertisers and artists, is not permitted.
2. F. Members and advertisers who conduct their business or themselves in a manner that negatively reflects COMPANY or its affiliates, owner, officers, directors, employees or representatives, the site, advertisers, artists or other members, in any manner what-so-ever and as determined by COMPANY, will be removed without recourse or refund.
3. Non-Profit Groups, Organizations and Museums:
3. A. Non-profit groups, organizations and museums conducting ART related functions may be listed in the Art Links section, with a one line link entry on our LINKS page for FREE. To list on COMPANY site, you must complete the appropriate form COMPANY provides and submit the forms to COMPANY. COMPANY reserves the right to limit the number of FREE listings displayed on the site. Submissions for FREE advertising will be posted on a space available basis. All decissions regarding the quallifications of anyone or group/organization or business receiveing a FREE ad are made by COMPANY and all decissions are final.
4. Products and Services advertised and/or Listed for Sale:
4. A. Although COMPANY sells new and selected gently used and vintage items, Advertisers may only advertise NEW art products and NEW art related products only on COMPANY.
4. B. ARTISTS, YOU MUST BE THE ORIGINAL CREATOR OF THE WORK/PRODUCT YOU ARE ADVERTISING and if offering a service you must be the person providing the service.
4. C. IF YOU ARE a Gallery representing artists, each artist works must be juried and approved by COMPANY PRIOR to ADVERTISING an artists WORKS on the site.
4. D. Anything pertaining to Nudity, adult material, tattoo’s, BODY PAINTING, profanity, pornography, sexually implied and/or explicit, deviant, SADISTIC, demonic or satanic, drug, narcotic, fraudulent, PROMOTION OF VIOLATION OR INFRINGEMENT UPON COPYRIGHT, TRADEMARK AND OTHER INTELLECTIAL PROPERTY, terrorist, anti-American related material, SLANDEROUS OR LIBELOUS INFORMATION, FALSE OR MISLEADING CLAIMS OR ADVERTISING, HATE MATERIAL, MISLEADING OR FALSE ADVERTISING OR CLAIMS, is prohibited. Sacramentoart.com SOLELY reserves the right to determine if an item is suitable for the site. No item will be placed online without pre-approval by Sacramentoart.com.
4. E. COMPANY reserves the right to refuse or accept any product or service for advertisement. All decisions by COMPANY are final.
4. F. Gallery Items: All items for sale in the Main Gallery are being offered by OUR COMPANY, Acrey Art, owner Linda Acrey. Other artist works may or may not be offered for sale in the Gallery by Acrey Art COMPANY.
4. G. Artist Profiles: Artists, Art Groups, and Art related Businesses, etc. advertising on the site may advertise items for sale but they are NOT permitted to sell items through OUR COMPANY, Gallery or our Merchant account. Buyers interested in art advertised on this site may contact the Advertiser directly. All sales of advertised items are OFFLINE, and are NOT a party to COMPANY who is otherwise not involved in any actual transaction between buyers and sellers as a result of advertising and or contact through COMPANY’s web site.
4. H. COMPANY has no control over the quality or safety or legality of the product or services being offered by our advertisers, or to the truth or accuracy of their listings, products, services and/or of the business and/or artist or their descriptions and disclosures or the ability of Advertisers to sell items or the ability of Buyers to buy items.
4. I. All items purchased on COMPANY web site are in an “AS IS” condition and “in its present physical condition” and WITHOUT WARRANTY unless otherwise expressly stated in writing by OUR COMPANY.
5. Online Art Shows:
5. A. COMPANY may conduct online art shows. If implemented, the Rules and Application is posted on the site. Application and or Jury fees may apply. Applicants agree to comply with our Users Agreement and abide by all rules and regulations for each show. COMPANY reserves the right to refuse or accept ANY APPLICATION for ITS ONLINE ART show. COMPANY IS NOT RESPONSIBLE FOR LOST OR MISDIRECTED EMAILS OR FILES SUBMITTED BY APPLICANTS. JUDGING FOR SHOWS IS CONDUCTED BY COMPANY AND ALL DECISIONS ARE FINAL.
6. Shipping:
6. A. COMPANY ships using UPS or USPS within the Continental United States depending on the product. Buyer is responsible for shipping charges unless otherwise stated in the details of each item. Shipping may be free on some selected items. Buyer pays shipping on all Postcard and bulk Note Card products if offered. See each items description for details and/or customer service check out. COMPANY ships to the U.S.A. ONLY. (USA 50 STATES ONLY)
7. The 24-hour Guarantee on non-custom orders:
7. A. COMPANY wants users to have a satisfying buying experience. With the exception of custom orders, to guarantee the buyer’s satisfaction with COMPANY’s policy, the buyer may receive a refund of the purchase price less a 15% re-stocking fee, if he or she is not satisfied with the product and notifies COMPANY within 24 hours of receipt of the item. Notification must be provided to COMPANY by completing a claim form accessible by emailing a request for the Refund Form to: office@sacramentoart.com. Form is available online.
7. B. Buyer and Seller COMPANY agree to the terms and conditions of COMPANY’s 24-hour Guarantee on non-custom orders. If the Buyer is not satisfied with the order and notifies COMPANY within the allotted 24 hour time frame, Seller COMPANY agrees to accept the return and the buyer is charged a 15% restocking fee. Buyer assumes responsibility for the return shipping charges. No response on behalf of the buyer to COMPANY within the 24-hour time limit constitutes a received and accepted acknowledgement by the buyer. AFTER WHICH, NO RETURNS, ETC., REFUNDS OR CREDITS TO CREDIT CARD COMPANIES WILL BE ISSUED by COMPANY AND ALL SALES ARE FINAL. COMPANY reserves the right to make final determination as to the validity and disposition of a claim requested under this Guarantee policy.
7. C. Custom Orders are NOT refundable unless otherwise stated in writing in the product description by the Seller COMPANY. After The 24-hour Guarantee on non-custom Orders. Buyer is to contact Seller ACOMPANY directly for any returns; warranties implied or expressed; and/or exchanges if offered.
8. Buying:
8. A. Buyers must be a Registered User.
8. B. As a buyer, you choose the item from The Gallery store you wish to purchase online. You will automatically be bound to consummate the transaction with the Seller COMPANY. According to the method of payment you choose as you purchase an item on COMPANY, you will have a choice of mailing in the total payment by a check or United States Postal Money Order or a cashier’s check drawn on a United States Bank OR with your PayPal account on PayPal web site. You will be charged in an amount equal to the price posted on COMPANY site of the product you have agreed to purchase plus applicable sales tax and shipping. We use PayPal for our online payment method. You use your PayPal account.
8. C. Notice of Cancellation: You have three business days to cancel an order in excess of $25.00. You may CANCEL a transaction, without penalty or obligation, within THREE BUSINESS DAYS from the date of your order. If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by COMPANY of your cancellation notice, and any security interest arising out of the transaction will be canceled. In the unlikely hood that you have received the product within the THREE BUSINESS DAYS, if you cancel you must make it available to the Seller COMPANY by mailing back, in substantially as good as condition as when received, any product you have received and by using the same mail provider as received at your expense. If you fail to make the goods available to the Seller COMPANY, or if you agree to return the goods to the Seller COMPANY and fail to do so, then you remain liable for the performance of all obligations under the contract.
8. D. You may not change an order once you have authorized it.
8. E. Returns are subject to a 15% restocking fee. Buyer agrees to pay any restocking fee incurred.
8. F. Any abuse of this system is grounds for expulsion without refund.
8. G. Buyers must have a Paypal account to purchase online or Buyers may mail in a check, United States Postal money order, or a cashier’s check drawn on a United States of America bank. No Temporary checks allowed. Only Imprinted checks with the buyers legal contact information are permitted. All cashier, personal and business checks must clear the bank before the product will be shipped. COMPANY will hold the order for payment for a period of 7 days. If the Payment is not received within the 7-day period, the item will be placed back on the site for sale. Buyer will receive a COMPANY negative rating. Buyer will loose the privilege of sending in payment by check, money order or cashier’s check and all future purchases on COMPANY will require buyer to use a valid credit card through PayPal.
8. H. On items where Free Shipping is offered, Buyers may have the option of upgrading the shipping service if offered by paying an additional fee for 2nd Day Air or Postal Priority Mail by so indicating when placing an order. Buyer agrees to pay these extra shipping costs if they request them.
8. I. Buyer agrees to comply with COMPANY’s 24-hour Guarantee Policy.
8. J. Buyer understands that COMPANY is NOT a party to any offline purchase of any goods shown or advertised on this site. Buyers beware. COMPANY will NOT be held liable for offline sales and/ or transactions.
8. K. With respect to persons who attempt to commit fraud or otherwise misuse COMPANY’s site or services, you further agree that COMPANY, in addition to all other remedies available to it, may charge your credit card or your COMPANY account a service fee of up to $100.
9. Representations of Buyer: Buyer using COMPANY’s site represents that he or she:
9. A. understands and will abide by the terms of this Agreement; and
9. B. intends to purchase the product chosen; and
9. C. has adequate funds available under the valid, un-expired credit card through their PayPal account or, if writing a check, has adequate funds available in his or her bank account to purchase the product and pay for any applicable shipping charges & sales tax; and
9. D. will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including, but not limited to, purchasing in bad faith, or otherwise misuse the COMPANY site or COMPANY ’s services in any manner whatsoever; and
9. E. understands that any abuse of this system is grounds for expulsion without refund; and
9. F. has sole responsibility for verifying that the product meets his or her satisfaction; and
9. G. will maintain the confidentiality of his or her user name and password; and
9. H. understands and agrees that the products purchased or sold through the COMPANY site are new unless otherwise represented, that COMPANY has not inspected, verified and has no control over the quality, safety, working condition, or other information that may pertain to any products including, but not limited to: whether they are subject to any manufacturer or dealer recall; and that COMPANY does not control and does not know whether the Advertiser has truthfully and accurately described the product subject to his or her offer to sell or that such product meets the criteria of the Buyer; and
9. I. understands that all returns are subject to a 15% restocking fee; and
9. J. understands and acknowledges that certain products may present special safety issues including, but not limited to; sculptures, glass, metal, paint, glazes, finishes, fixatives, preservatives, etc., and other items, products & materials etc.; or environmental; or operational issues, that he or she is acquiring such products with full knowledge of these issues and related risks, and that COMPANY bears no responsibility for any injuries, damages or other problems associated with the products purchased or sold through the COMPANY site; and
9. K. recognizes that any errors contained in the buyer’s purchase are solely the responsibility of the buyer and that, unless cancelled within 3 business days of purchase date such errors do not excuse the buyer’s obligation to consummate a transaction on the terms stated and/or agreed; and
9. L. understands and agrees that COMPANY will forward, on behalf of the buyer, the buyer’s name, address and e-mail address to our suppliers for items shipped by third parties for all transactions involving shippable items.
10. Selling: Other than, the items offered in the Gallery store by COMPANY, there is NO selling permitted by other parties on the site.
11. Advertisers:
11. A. You must be a registered user to advertise on COMPANY. Advertisers registered by; submitting an Ad form to COMPANY; signing this agreement and signing separate appropriate contracts and/or forms for advertising on the site and paying the appropriate fees.
11. B. COMPANY will assign you an Advertisers number. You will use this number on all files you submit files and correspondence with COMPANY.
11. C. Advertisers on COMPANY may choose to place an ad via Link, Display or Banner ads, Artist Profiles, or by any added feature COMPANY may provide. Advertisers are paying for an ad service. Unless otherwise stipulated in writing and signed by both parties, ads designed by COMPANY are the sole property of COMPANY. Unless otherwise agreed in writing, Advertisers are on a monthly basis and late payments are subject to an interest charge as outlined in their separate contracts. When purchasing a long term advertising package at a discounted rate for the term and Advertiser cancels prior to the end of the package term, there are no refunds or credits for advertising time unsed. No ad will be placed online without prior approval by COMPANY for content and without the agreed pre-payment. You authorize COMPANY to charge your credit card at any time for all fees due because of using the COMPANY ad service. COMPANY reserves the right to make debits and credits to the advertiser’s credit card account.
11. D. COMPANY IS NOT A PARTY TO ANY OFFLINE SALES GENERATED BY ADVERTISEMENTS PLACED ON THE SITE.
11. E. Unless agreed elsewhere in writing by both parties, all web development for any advertising on COMPANY is the sole property of COMPANY and the fees you pay are solely for the service, development, placement and maintenance of the advertising on the site.
12. Representations of the Advertiser:
12. A. Advertisers agree that he or she understands and will abide by the terms of this Agreement; and
12. B. that he or she will maintain the confidentiality of his or her user name or password; and
12. C. understands that any abuse of this system is grounds for expulsion without refund; and
12. D. that he or she will not engage in any fraudulent, speculative or manipulative act or practice, including making offers to sell or buy in bad faith, false advertising or otherwise misuse the COMPANY site or COMPANY ’s services in any manner; and
12. E. the information provided to COMPANY for advertising is truthful to the best of your knowledge.
12. F. that the product advertised is new and has all of its parts; and
12. G. that the product advertised is merchantable, is lawful to sell, is not in a dangerous condition, and that he or she has not received any recall notice pertaining to the product; and
12. H. that he or she has sole good title to the product being advertised, that the product has not been stolen or acquired by improper or illegal means; and
12. I. that he or she will disclose any pertinent information about the product to the Buyer as required by law; and
12. J. that the description of the product in the offer to sell is accurate and truthful; and
12. K. that he or she understands and will abide by the terms of this Agreement; and
12. L. that he or she acknowledges and agrees that COMPANY serves solely as a provider of an advertising service
13. General Information:
13. A. Returned Checks: An Administrative Fee is charged on returned checks. See Fees Chart for current amount charged. Returned checks will result in the maker's expulsion from using COMPANY. All decisions regarding this matter are at the sole discretion of COMPANY
13. B. Closed Transaction: A closed transaction is one in which a buyer has completed the sale by charging the item to their credit card or mailing in payment. The check, money order or credit card funds have been transferred into COMPANY’S bank account from the buyer’s bank account, or from a U. S. Postal money order, cashier’s check or from MasterCard or Visa; the Seller-Acrey Art has shipped the item; the buyer has received and accepted the item; the 24-hour guarantee period has passed.
13. C. Fees Chart and Payment Terms: Visit the FEES CHART page for COMPANY’s current Fee Chart and Payment Terms, which are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. dollars. The Fee Chart and Payment Terms may vary in the future. The Fee Chart and Payment Terms in effect on the date of purchase/sale is submitted shall govern the transaction. The Fees Chart is posted on COMPANY’s Forms pages. You agree to check the current Fees CHART and Payment Terms for current rates each time you submit an advertisement or buy a product. You authorize COMPANY to charge your credit card at any time for all fees due because of using COMPANY services. COMPANY reserves the right to make applicable debits and credits to your credit card account.
13. D. Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.
13. E. Disputes among Buyers and Sellers. Because COMPANY provides a service only, you agree that COMPANY will not be a party to any litigation between participants related to or arising out of any transaction resulting from any offline sales made through contacts made on COMPANY.
13. F. Indemnification. You agree to indemnify and hold COMPANY, and its affiliates, owner, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of this Agreement, (c) any alleged wrongdoing on your part with respect to the purchase or sale of goods through COMPANY ’s site or with respect to COMPANY ’s services and (b) any fraud, manipulation, deception or misrepresentation by you (d) any injuries to third parties in any way connected with COMPANY ’s services or the products purchased or sold through the COMPANY site.
13. G. Assignment. You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining COMPANY’s express written consent.
13. H. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of COMPANY’s site and/or services and your purchase of items, or your offer to sell and sale of items.
13. I. No Agency. You and COMPANY are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
13. J. User Feedback, Comments and Other Submissions; Certain Licenses. All feedback, comments, suggestions, correspondences, ideas and other materials and content disclosed, submitted or offered to COMPANY or in connection with your use of the COMPANY site including, but not limited to, all intellectual property and proprietary rights therein and thereto; collectively, including material provided “Comments” and/or information sent through the use of the “Contact Us" page or any other correspondences; shall be the exclusive property of COMPANY and may be used or not used, in part or in whole with or without other elements by COMPANY or its designees in its sole discretion in any medium and for any purpose worldwide without obtaining your specific consent. The use of your material provided Comments could be made on the COMPANY site, in radio, television and print advertisements. Your first name, the first initial of your last name and the town in which you live as identified in the material provided Comment might be used with any material provided Comments you elect to submit. COMPANY is under no obligation to maintain your material provided Comments in confidence, to pay to you any compensation or other consideration for any material provided Comments submitted or to respond to any of your material provided Comments. You agree that you will be solely responsible for the content of any material provided Comments you make. Please note that you are not required to furnish material provided Comments to us, and that if you do you are doing so voluntarily. Your material provided Comments would not be false, misleading or defamatory. By entering into this Agreement, you also grant COMPANY a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the material provided Comments, including, but not limited to, without limitation rights of publicity and copyrights, or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.
13. K. Copyright. You acknowledge that all content and other elements included on the COMPANY site and/or used in connection with the COMPANY site, including but not limited to; logos, art, icons, information, data, software, licensed software, text, graphics, music, photographs, graphs, video, typeface, sound, images, illustrations, designs and other material, are the property of COMPANY its content suppliers and is protected by copyright laws. The compilation; such as the collection, arrangement and assembly; of all content on the COMPANY site is the exclusive property of COMPANY or its content suppliers and is protected by copyright laws. The content, licensed software and software on the COMPANY site may be used only for purposes of buying or selling products as permitted by this Agreement. Any other use, including the reproduction, distribution, transmission, modification, republication, display or performance of the content on the COMPANY site is strictly prohibited.
13. L. Trademarks.
13. L-1.The use of any name, trademark, service mark, trade-name, logo, symbol or other proprietary designation or marking of or belonging to any manufacturer or dealer of products available on the COMPANY site should not be construed as an endorsement or sponsorship of the COMPANY site by any such manufacturer or dealer, or the participation by any such manufacturer or dealer in the offering of goods or information through the COMPANY site
13. L-2. ARTSALES.NET ™, SACRAMENTOART.COM™ AND ACREY ART™ ARE TRADEMARK NAMES. UNAUTHORIZED USE IS FORBIDDEN.
13. M. Exclusion of Various Warranties. Except to the extent specifically set forth in paragraph 7 (a-c) (concerning the 24 hour guarantee), COMPANY ’S SERVICES AND INFORMATION, ALL PRODUCTS AVAILABLE THROUGH THE COMPANY SITE AND ALL THIRD-PARTY PROVIDER PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO:
13. M-1. COMPANY MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND
13. M-2. COMPANY DOES NOT WARRANT THAT THE PRODUCTS, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE COMPANY SITE WILL BE AS REPRESENTED BY BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS, THAT THE PRODUCTS WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, THAT PRODUCTS PURCHASED OR SOLD WILL BE SATISFACTORY, OR THAT BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; AND
13. M-3. COMPANY MAKES NO WARRANTIES THAT COMPANY ’S SITE OR SERVICES, OR THE PRODUCTS AVAILABLE THROUGH THE COMPANY, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ACCESSIBLE, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY SITE OR SERVICE; AND
13. M-4. COMPANY does not endorse, recommend or represent any product or service on other sites via the use of our Link AND OR Display link Ads, ARTIST PROFILES’S or via OFFLINE SALES OF PRODUCTS OR SERVICES OFFERED BY OUR ADVERTISERS OR VIA you CONTACTING ADVERTISERS DIRECTLY. COMPANY is not responsible for advertisements, products, services or business practices of others, etc. on COMPANY OR other sites through our ADS, ARTIST PROFILES AND links; AND
13. M-5. COMPANY MAKES NO WARRANTY REGARDING THE PERFORMANCE OR NON-PERFORMANCE OF THE COMPANY SITE IN ANY WAY CONNECTED TO OR AS A CONSEQUENCE OF THE PASSAGE OF TIME TO THE YEAR 2000 and beyond; AND
13. M-6. COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
13. M-7. COMPANY EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF COMPANY. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph N-3. below, do not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
13. N. Limit of Liability:
13. N-1. Limited Liability with Respect to Products. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, OWNER, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS PURCHASED OR SOLD UTILIZING COMPANY ’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE AS TO COMPANY WITH RESPECT TO PRODUCTS IS FOR THE REGISTERED USER TO EXERCISE HIS OR HER RIGHTS UNDER THE 24 HOUR GUARANTEE.
13. N-2. Limited Liability for COMPANY’s Services and Site. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT, COMPANY ’S SITE OR COMPANY’S SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE FEE CHARGED TO THE REGISTERED USER BY COMPANY IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, $100.
13. N-3. Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 13.O below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
13. O. Governing Law: The COMPANY site is operated by COMPANY a business formed under the laws of the State of Oregon. Those who choose to access the COMPANY site, or utilize COMPANY’s services, do so by their own initiative with the knowledge that they are doing business with a Oregon business. This Agreement, and all aspects of the relationship and dealings between you and COMPANY, shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions, i.e., as it is applied to agreements, relationships or dealings entered into and performed entirely within the State of Oregon. If you are unwilling to have Oregon law applied, do not use the COMPANY site. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severing and shall not affect the validity and enforceability of any remaining provisions.
13. P. COMPANY will provide its best efforts on behalf of all advertisers to provide a fully functional online website. COMPANY is nEITHER responsible, nor liable for any offline nor lost revenues from downtime created by connectivity problems beyond the control of COMPANY.
13. Q. Complete Agreement. This Agreement, and the materials expressly incorporated herein by reference, constitutes the full and complete agreement between you and COMPANY. You and COMPANY have not relied upon any representations, promises, statements or undertaking other than those set forth herein. Modifications to this agreement must be in writing. No oral modifications to this Agreement are permitted or valid.
13. R. Jurisdiction. Any lawsuit arising between you and COMPANY pertaining to this Agreement, COMPANY’s site or COMPANY’s services shall be brought exclusively in either the state or federal courts of the State of Oregon,COUNTY OF DOUGLASS. You and COMPANY expressly consent to the exclusive personal jurisdiction of such courts.
13. S. Termination: In its sole discretion, COMPANY may terminate this Agreement, your membership, access to the COMPANY site or its services and products or any of your offers to buy, or your advertisements, immediately and without notice for any reason. All decisions by COMPANY regarding it are final and with no recourse.
end
|
