TERMS & CONDITIONS OF USE
I. Terms & Conditions of Use
Please carefully read the following Terms & Conditions of Use (“T & C”) before using the www.theantiqueandartisangallery.com Site (the “Site”). By accessing this Site, You agree to be bound by these T & C. These T & C may be updated from time to time. Accordingly, You should check the date of the T & C (which appears at the right hand corner of this document) and review any changes since the last version. If at any time You do not agree to these T & C, please do not use this Site.
This Site is operated by The Antique and Artisan Gallery, LLC d/b/a The Antique and Artisan Gallery (hereinafter referred to as the “Gallery”). Throughout the Site, the terms “We”, “Us” and “Our” refer to the Gallery. The Gallery offers this Site, including all information, tools and services available from this Site, to You, the user (“You”, “User” and “Your”), conditioned upon Your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Site constitutes Your agreement to these T & C.
You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without the Gallery’s express written consent signed by Mari Ann Maher or Bruce Wylie.
You must not use this Site to transmit or send unsolicited commercial communications.
You must not use this Site for any purposes related to marketing without the Gallery’s express written consent signed by Mari Ann Maher or Bruce Wylie.
By using this Site, You agree that the terms set out in these T & C are reasonable.
If You do not think they are reasonable, Your sole, singular and exclusive remedy is to immediately refrain from using the Site.
II. Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at Your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for Your reference only. We reserve the right to modify the contents of this Site at any time, but We have no obligation to update any information on the Site. You agree that it is Your responsibility to monitor changes to the Site.
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in Your area. We reserve the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in Our sole discretion, even after Your receipt of an order confirmation or after Your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, We have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, We will issue a credit to Your credit card account.
In the instance that You have any dispute with any entity or person from whom you purchase any merchandise through the Site, you agree to file any complaint regarding such transaction only with the Gallery. You agree to communicate only with the Gallery regarding such dispute. You further agree that the Gallery’s decision regarding such dispute is final and unappealable.
IV. Product Information
In some cases, merchandise displayed for sale on the Site may not be available in stores. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. If the particular Item, at time of its listing is housed on the Gallery’s premises, You may inspect or retain a person solely at Your expense to inspect the merchandise.
V. Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by the Gallery, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may not copy, download and print the material contained on the Site for Your commercial or non-commercial use, except with the express written consent of the Gallery signed by Mari Ann Maher or Bruce Wylie provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the material You access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to the Gallery, is expressly prohibited. The Gallery reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. The Gallery, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to You under a license that is revocable at any time in the Gallery’s sole discretion. The Gallery neither warrants nor represents that Your use of materials on this Site will not infringe rights of third parties not affiliated with the Gallery.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
The Gallery reserves the right, in its sole discretion, to limit or terminate Your access to or use of the Site at any time without notice for any reason or no reason. You are personally liable for any orders that You place or charges or other liabilities that You incur prior to termination. Termination of Your access or use will not waive or affect any other right or relief to which the Gallery may be entitled, at law or in equity.
VI. Material You Submit
You acknowledge that You are responsible for any material You may submit via the Site, including the legality, reliability, appropriateness, originality, trademark and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use any false email addresses or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If You do submit material, and unless We indicate otherwise, You grant the Gallery and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant the Gallery and its affiliates the right to use the name You submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that You own or otherwise control all the rights to the content You post; that the content is accurate; that use of the content You supply does not violate any provision herein and will not cause injury to any person or entity; and that You will indemnify the Gallery for all claims resulting from content You supply consistent with the terms as articulated in the paragraph entitled “Indemnification” below.
VII. Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of Your use of the Site You agree to provide true, accurate, current and complete information about Yourself.
Some features on this Site require use of a password. You are responsible for protecting Your password. You agree that You will be responsible for any and all statements made, and acts or omissions that occur, through the use of Your password. If You have any reason to believe or become aware of any loss, theft or unauthorized use of Your password, notify the Gallery immediately. The Gallery may assume that any communications the Gallery receives under Your password has been made by You unless the Gallery receives notice otherwise.
You or third parties acting on Your behalf are not allowed to frame this Site or use Our proprietary marks as meta tags, without Our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without the Gallery’s express written consent. Further, You may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without the Gallery’s express written consent.
This Site may contain links to other Sites, some of which are operated by the Gallery or its affiliates and others of which are operated by third parties. These links are provided as a convenience to You and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other Sites and are not responsible for the content of those or any other Sites or any products or services that may be offered through those or any other Sites. Inclusion of links to other Sites should not be viewed as an endorsement of the content of linked Sites. Different terms and conditions may apply to Your use of any linked sites. The Gallery is not responsible for any losses, damages or other liabilities incurred as a result of Your use of any linked sites.
IX. Trademarks and Copyrights
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of the Gallery its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. The Gallery reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States or other applicable law, rule, regulation or treaty as applicable.
X. Infringement Notice
We respect the intellectual property rights of others and request that You do the same. If You think Your work has been copied in a manner that constitutes copyright infringement, You may notify Us at:
Mari Ann Maher
or Bruce Wylie
Attn: Copyright Agent
The Antique and Artisan Gallery
Or by email at email@example.com
In order for us to more effectively assist You, the notification must include ALL of the following:
A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf; a description of the copyrighted work You claim has been infringed; information reasonably sufficient to locate the material in question on the Site;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit the Gallery to contact You; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner. The Gallery is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material You provide to us, and so We have an absolute right to remove any material from the Site in Our sole discretion at any time.
XI. \DISCLAIMERS THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR, THAT THE SITE WILL BE VIRUS-FREE;
- THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY DEALERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT DEALERS WILL PERFORM AS PROMISED;
- ANY GUARANTEE OR WARRANTY AS TO THE VERACITY OF ANY USER GENERATED CONTENT, INCLUDING ANY USER INFORMATION ABOUT BUYERS OR DEALERS, AND ANY INFORMATION ENTERED BY BUYERS OR DEALERS;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE GALLERY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GALLERY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
IN ADDITION TO THE ABOVE:
- IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.
- YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GALLERY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
- THE GALLERY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
- IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- XII. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FOLLOWING:
- YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE.
- YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
- RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE GALLERY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, THE GALLERY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GALLERY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE GALLERY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE GALLERY IS TO DISCONTINUE YOUR USE OF THE SITE.
- YOU AND THE GALLERY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.XIII. Indemnification
To the fullest extent of the law, You agree to indemnify, defend and hold harmless the Gallery (and its directors, officers, employees, agents, vendors, partners, contractors, accountants, attorneys, representatives or affiliates) and its affiliates (and their directors, officers, employees, agents, vendors, partners, contractors, accountants, attorneys, representatives or affiliates) from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from Your use of the Site and any violation of these T & C. If You cause a technical disruption of the Site or the systems transmitting the Site to You or others, You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from that disruption. The Gallery reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with the Gallery in the defense of such matter.
THE GALLERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THEse LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GALLERY TO YOU FOR Any DAMAGES, LOSSES, or CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THEse TERMS, OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE GALLERY OR ITS RESPECTIVE directors, officers, employees, agents, vendors, partners, contractors, accountants, attorneys, representatives or affiliates, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, VENDORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF THE GALLERY.
XIV. Jurisdiction and Applicable Law
The laws of the State of Connecticut govern these T & C and all of its terms and conditions, without giving effect to any conflicts of laws principles. Any dispute with the Gallery or its affiliates relating in any way to these T & C or Your use of the Site shall be resolved solely and exclusively by binding and confidential arbitration according to the applicable rules of the American Arbitration Association and, to the extent possible, within the County of Fairfield, State of Connecticut. The prevailing party in such arbitration shall be entitled to reimbursement of its costs, expenses and reasonable attorneys’ fees.
In the event the binding arbitration clause is not applicable, the You hereby consent to the sole and exclusive jurisdiction of the state and federal courts within the State of Connecticut, County of Fairfield and waive all objections to such jurisdiction.
To the extent You have in any manner violated or threatened to violate the Gallery’s intellectual property rights, the Gallery may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, County of Fairfield and You consent to sole and exclusive jurisdiction and venue in such courts and waive all objections to such jurisdiction and venue.
XV. Changes to These T & C
We reserve the right, in Our sole discretion, to change these T & C at any time by posting revised terms on the Site. It is Your responsibility to check periodically for any changes We may make to these T & C. Your continued use of this Site following the posting of changes to these T & C or other policies means You accept the changes.
In the event We make material changes to the T & C, notice of these changes will be posted on the homepage of this Site and the revised T & C will take effect thirty days after their publication on this Site.
XVI. Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between You and the Gallery with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these T & C shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement shall be deemed unlawful, void, or, for any reason, unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
XVIII. How to Contact Us
If You have any questions or comments about these T & C or this Site, please contact us by:
Calling Principals Mariann Maher or Bruce Wylie at:
Emailing us at:
Mailing us at:
Mari Ann Maher
or Bruce Wylie
The Antique and Artisan Gallery