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TERMS & CONDITIONS
By using
the collectartnow.com web site ("The Contemporaries Edition"), a service
of The Contemporaries LLC (“The Contemporaries”), you are agreeing to be
bound by the following terms and conditions (the “Terms of Use” or the
"Agreement").
No Warranty
THE
CONTEMPORARIES, THE CONTEMPORARIES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND THE CONTEMPORARIES’ SUPPLIERS PROVIDE THE CONTEMPORARIES’ WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. THE CONTEMPORARIES, THE CONTEMPORARIES’ SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND THE CONTEMPORARIES’ SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO
EVENT SHALL THE CONTEMPORARIES, AND (AS APPLICABLE) THE CONTEMPORARIES’
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE CONTEMPORARIES’
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
THE
CONTEMPORARIES’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE
CONTEMPORARIES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO
THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE CONTEMPORARIES IN THE
12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Indemnity
YOU AGREE
TO INDEMNIFY AND HOLD THE CONTEMPORARIES AND (AS APPLICABLE) THE
CONTEMPORARIES’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES, HARMLESS 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.
Legal Compliance
You shall
comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your
listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any
provision of this Agreement is held unenforceable, then such provision will
be modified to reflect the parties' intention. All remaining provisions of
this Agreement shall remain in full force and effect.
No Agency
You and
The Contemporaries are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
Notices
Except as
explicitly stated otherwise, any notices shall be given by email to The
Contemporaries Attn: Legal Department; info@thecontemporaries.org or to the
email address you provide to The Contemporaries during the registration
process (in your case). Notice shall be deemed given 24 hours after email
is sent, unless the sending party is notified that the email address is
invalid. Alternatively, The Contemporaries may give you notice by certified
mail, postage prepaid and return receipt requested, to the address provided
to The Contemporaries during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
The
Contemporaries' goal is to make you happy. In the event a dispute arises
between you and The Contemporaries, please email The Contemporaries at
info@thecontemporaries.org and we will work quickly towards a solution.
Disputes
between you and The Contemporaries regarding The Contemporaries’ services
may be reported to Customer Support by emailing info@thecontemporaries.org.
Disclosures
The
services hereunder are offered by The Contemporaries LLC, located in New York. If you are
a New York
resident, you may have this same information emailed to you by sending an
email to info@thecontemporaries.org with your email address and a request
for this information.
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