| These Terms Of Agreement are valid for all parts and sections of this site. TERMS OF AGREEMENT Buying and selling through Antique Dealers Only is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday). Antique Dealers Only reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. Antique Dealers Only is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Antique Dealers Only screen or censor or otherwise control the Users of its service. Antique Dealers Only can not and does not control the behavior of the participants on this site. We can not control whether or not Users of Antique Dealers Only will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! Antique Dealers Only does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion. If there is a dispute between participants on this site, Antique Dealers Only is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, Antique Dealers Only, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The Antique Dealers Only service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Antique Dealers Only related transactions. Antique Dealers Only prohibits the transmission, distribution or posting of unwanted or offensive content. , prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, duplicate listings that contain more than 60% of the same characters, regardless of category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, Antique Dealers Only prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure. Antique Dealers Only prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: - · Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
- · Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
- · Firearms (as defined from time to time by the B.A.T.F.
- · Cigarettes or any other tobacco product for human consumption
- · Pharmaceuticals or any other controlled substance
- · Dangerous, counterfeit or stolen goods
- · Goods which do not actually exist
- · Any good that infringes or violates anyone's rights
- · Any item which in Antique Dealers Only sole discretion is inflammatory, offensive or otherwise inconsistent with Antique Dealers Only standards of business ethics.
- · Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
- Antique Dealers Only strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail and deteriorates the performance and availability of the Antique Dealers Only service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
Antique Dealers Only also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through Antique Dealers Only systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party. If Antique Dealers Only, in its sole discretion, determines that a violation of the Terms of Participation has occurred, Antique Dealers Only may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Participation. Antique Dealers Only could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Antique Dealers Only will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If Antique Dealers Only believes in its sole discretion that any ad may create liability for Antique Dealers Only, Antique Dealers Only may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, Antique Dealers Only reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Antique Dealers Only service. We may also, in our sole discretion, add or delete fees associated with the Service. There may be a charge associated with employment listings or Business Opportunities. If any charge is applicable, we will notify our Users in advance. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Antique Dealers Only EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Antique Dealers Only MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Antique Dealers Only MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Antique Dealers Only OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Antique Dealers Only NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Antique Dealers Only HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Antique Dealers Only SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT Antique Dealers Only SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall Antique Dealers Only total liability to You for all damages, losses, and causes of action exceed the amount paid by You to Antique Dealers Only, if any, that is related to the cause of action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to Antique Dealers Only with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Antique Dealers Only. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. Others' Information. You agree not to make use of anyone else's Information other than as necessary to complete any Antique Dealers Only transactions in which You are involved. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Antique Dealers Only and any User of the Service. Notice. Any notice to You or to us shall be made by either e-mail or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to Antique Dealers Only by displaying notices to Users on the Service. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. These Terms of Participation and the relationship between User and Antique Dealers Only shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. The failure of Antique Dealers Only to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect. Please help us keep the Antique Dealers Only site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the Antique Dealers Only terms of participation, please contact Antique Dealers Only at admin@antiquedealersonly.com | |
