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Terms of Use...
The Dell's Architectural Antiques
service (the "Service") is run by Dell's
Architectural Antiques ("Dell's Architectural
Antiques", “DAA”, "we",
"us" and "our"). These terms and
conditions of use ("Terms of Use") govern how
unregistered members and visitors ("Visitors",
“you”) to the Dell's Architectural Antiques website
may use the Service and the Dell's Architectural
Antiques website (the "Website").
By using the Service, you acknowledge
that you have read these Terms of Use, understand them
and agree to be bound by their terms and conditions. If
you do not agree to these Terms of Use you should not
use or access the Service or Website.
Prohibited Content.
You must not post any items
prohibited from the Website (see Prohibited Content
list) or which are prohibited by any law applicable to
you. You accept sole responsibility for the legality of
your actions under laws applying to you.
Marketplace.
The Website allows Members and Third
Parties to offer items for sale and trade and buy and
trade for other Members' and Third Parties’ offered
items. Dell's Architectural Antiques does not review
listings provided by Members or Third Parties, does not
own the items offered for sale on the Website and is not
involved in transactions between buyers and sellers
unless stated clearly otherwise. Dell's Architectural
Antiques has no control over the quality, safety or
legality of the items offered for sale or trade, the
truth or accuracy of the listings, the ability of
sellers to sell or trade items or the ability of buyers
to pay or trade for items. Do not assume that the offer,
sale, purchase, export or import of any item is valid
and legal simply because it is listed on the Website.
Dell's Architectural Antiques is not responsible for
ensuring that buyers and sellers complete a transaction.
You accept sole responsibility for the legality of your
actions under laws applying to you.
Marketplace Prohibited Items.
You must not offer, sell, bid on, buy
or trade for any items prohibited from the Website (see
Sales Prohibited Items list) or which are prohibited by
any law applicable to you. We do not accept or assume
any obligation to protect you from unsafe items listed
for sale or trade on the Website.
Buying.
You have a legal obligation to
complete a transaction if you make an agreement to buy
an item, product, or service on agreed upon terms with a
Member or Third Party using the Website, unless the
transaction is prohibited by law or by these Terms of
Use. As a buyer you must ensure that you are legally
able purchase items you agree to buy. You are
responsible for knowing all applicable laws relating to
sale of online goods and services which may be
applicable to you.
Trading.
You have a legal obligation to
complete a transaction if you make an agreement to trade
an item, product, or service on agreed upon terms with a
Member or Third Party using the Website, unless the
transaction is prohibited by law or by these Terms of
Use. As a trader you must ensure that you are legally
able trade items you agree to trade. You are responsible
for knowing all applicable laws relating to the trade of
items, products, and services which may be applicable to
you.
Disputes.
In the event that you have any right,
claim or action against any Member or any Third Party
arising from the use of the Website or the Service, you
agree to pursue such right, claim or action
independently of and without recourse to us, and you
release Dell's Architectural Antiques (including
investors, affiliates, officers, directors, agents and
employees) from all claims, liability, damages, losses,
costs and expenses, including legal fees, arising from
or in any way connected with such right, claim or
action.
Dell's Architectural Antiques
Control.
Dell's Architectural Antiques
reserves the right to refuse access to the Website or
the Service or any part of it at any time, and to
suspend or terminate Visitor’s access in its sole and
arbitrary discretion. Dell's Architectural Antiques
reserves the right to edit or delete any content on the
Website and to delete any Content that it considers in
its sole and arbitrary judgment to be offensive, illegal
or to violate the rights or harm or threaten the safety
of any person, or to violate any Dell's Architectural
Antiques terms and conditions. However, Dell's
Architectural Antiques assumes no responsibility for
monitoring the Website for inappropriate Content or
conduct and does not endorse, confirm the validity of or
have control over the Content. The Content does not
necessarily reflect the opinions or policies of Dell's
Architectural Antiques and you may find other Members'
information to be offensive, harmful, inaccurate or
deceptive. While Dell's Architectural Antiques prohibits
persons under the age of 14 from using or accessing the
Website and requires persons between the age of 14 and
18 to obtain parental consent prior to using or
accessing the Website, Dell's Architectural Antiques
cannot guarantee that all persons using the Website are
the age they hold themselves out to be or have the
identities that such persons represent to the world in
the on-line environment. Consequently, there are risks
of dealing with underage persons or people acting under
false pretences. By using the Website, you agree to
accept such risks and agree that Dell's Architectural
Antiques is not responsible for the acts and omissions
of Members or users of the Website.
Changes to the Terms of Use.
Dell's Architectural Antiques
reserves the right, at its sole and arbitrary
discretion, to change, modify, add or delete any part of
the Terms of Use at any time without further notice. If
we do make any such changes, we will post the changes to
these Terms of Use on this web page. Your continued use
of the Website after any such changes constitutes your
acceptance to the amended Terms. You are responsible for
regularly reviewing these Terms so that you will be
aware of any changes.
Disclaimer of Warranties.
Dell's Architectural Antiques gives
no warranties whatsoever in relation to the Website or
any materials, information (including, without
limitation, text, graphics, links or any information or
materials obtained or accessed through the Website),
products or services available through the Website.
Dell's Architectural Antiques excludes to the fullest
extent permitted by law all express, implied and
statutory warranties, including, without limitation,
warranties of fitness for a particular purpose,
warranties of merchantability, warranties as to freedom
from computer virus, warranties of title and warranties
of non-infringement of proprietary or intellectual
property rights. Dell's Architectural Antiques expressly
disclaims that the Website or the server that makes it
available will be uninterrupted, error-free, timely,
secure or otherwise reliable, that defects or errors
will be corrected or that the content of the Website is
lawful, correct or accurate. To the extent you are
resident within a jurisdiction that does not allow the
exclusion or limitation of any of the above mentioned
warranties, the above disclaimers will not apply to you.
Limitations of Liability.
The parties hereto understand and
agree that they shall not be liable to each other for
any loss that might result from or in connection with:
(a) a lost username or password; (b) false information
or item description provided by a member; (c) third
party action or error; (d) a member's use or inability
to use the website or any part of it; (e) any use of the
Website; (f) the nature, accuracy or content of material
on the website posted by you or other members (g) a loss
of any of content; (h) any personal or other information
contained within your profile which you have chosen to
make public on the website; or (i) any personal or other
information which you have disclosed to a Third Party
using either the website or a Third Party website which
you have accessed from the Website. The parties hereto
understand and agree that they shall not be liable to
each other for any indirect, incidental, consequential,
special, exemplary or punitive damages or losses
(including without limitation loss of profit, expected
benefit, goodwill or other intangible losses, and
liability to third parties) whether based in contract,
tort or otherwise arising out of or in connection with
your use of the website or the service, or any
suspension or termination of the website or any contract
or arrangement you enter into or contemplate with a
member. To the extent you are resident within a
jurisdiction that does not allow the exclusion of the
above damages, the above limitation and exclusions will
not apply to you. In no circumstances shall Dell's
Architectural Antiques be liable to you for any amount
exceeding twenty nine dollars and ninety five cents
($29.95). Nothing in these terms of Use excludes or
limits Dell's Architectural Antiques liability for death
or personal injury or fraud by Dell's Architectural
Antiques.
Indemnity.
You agree to indemnify Dell's
Architectural Antiques, its licensors and suppliers, all
of their affiliates, and all of their respective
officers, directors, employees, shareholders, legal
representatives, agents, successors and assigns from and
against any damages, liabilities, costs and expenses
(including reasonable attorneys’ and professionals'
fees and court costs) arising out of any third party
claims based on or related to your use of the Website,
the Service or any breach by you of these Terms of Use.
Entire Agreement / Waiver.
These Terms of Use, represent the
entire agreement between you and Dell's Architectural
Antiques in relation to your use of the Service, and
they supersede all prior or contemporaneous
communications (whether in writing, oral or electronic)
between you and Dell's Architectural Antiques with
respect to the Service. Any waiver of any term of these
Terms of Use will only be effective if in writing and
signed by you and an authorized representative of Dell's
Architectural Antiques and no waiver by Dell's
Architectural Antiques of any right or remedy under
these Terms of Use will prevent Dell's Architectural
Antiques from enforcing any of its rights or remedies in
any other situation where you breach these Terms of Use.
Nature of Relationship / Sever
ability.
No joint venture, partnership,
employment, or agency relationship exists between you
and Dell's Architectural Antiques as a result of these
Terms of Use or your use of the Website. If any
provision of these Terms of Use is held unenforceable by
a court or tribunal of competent jurisdiction, that
provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties,
and the remainder of these Terms of Use shall continue
in full force and effect.
Dispute Resolution.
Except in the case of a party seeking
injunctive or other equitable relief in connection with
the enforcement of these Terms of Use, any dispute
between you and Dell's Architectural Antiques or you and
another Member arising out of or relating to these Terms
of Use, including any disputes relating to the content
of the Website, shall be finally and conclusively
resolved by confidential binding arbitration under the
rules then prevailing of the American Arbitration
Association. The arbitrator’s award shall be binding
and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under these Terms of
Use shall be joined to an arbitration involving any
other party subject to these Terms of Use, whether
through class arbitration proceedings or otherwise. Any
hearings held in connection with such binding
arbitration shall be held at an American Arbitration
Association office in Washington, DC in the United
States.
Governing Law.
These Terms of Use, including
(without limitation) any disputes relating to the
content the Website, whether sounding in contract, tort,
statute or otherwise, are governed by the laws of the
State of Wisconsin in the United States of America,
without reference to its conflicts of laws principles.
Prohibited Items.
Prohibited items include, but are not
limited to, the following: (1) Pornographic Material,
(2) Offensive Material.
Prohibited Content.
Prohibited Content includes, but is
not limited to, Content that in the sole discretion of
Dell's Architectural Antiques:
Is patently offensive to the online
community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any
group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of
another person;
Involves the transmission of
"junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
Promotes information that you know is
false, misleading, or promotes illegal activities or
conduct, is abusive, threatening, obscene, defamatory or
libelous;
Is or promotes an illegal or
unauthorized copy of another person's work, such as
providing pirated computer programs or links to them,
provides information to circumvent manufacture-installed
copy-protect devices; providing pirated music or links
to pirated music files;
Contains restricted or password only
access pages, or hidden pages or images (those not
linked to or from another accessible page); Displays
pornographic material of any kind; Provides material
that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from
anyone under 18;
Provides instructional information
about illegal activities such as making or buying
illegal weapons; violating someone's privacy; providing
or creating computer viruses;
Solicits passwords, personal
identifying information for commercial or unlawful
purposes from other users;
Engages in commercial activities
and/or sales without Dell's Architectural Antiques prior
written consent such as contests, sweepstakes, barter,
advertising, pyramid schemes, etc.; Involves sending
unsolicited and/or unauthorized email to third parties.
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