By accessing the website at http://aaronmapp.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Aaron Mapp's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Aaron Mapp's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Aaron Mapp at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Aaron Mapp's website are provided on an 'as is' basis. Aaron Mapp makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Aaron Mapp does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Aaron Mapp or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Aaron Mapp's website, even if Aaron Mapp or a Aaron Mapp authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Aaron Mapp's website could include technical, typographical, or photographic errors. Aaron Mapp does not warrant that any of the materials on its website are accurate, complete or current. Aaron Mapp may make changes to the materials contained on its website at any time without notice. However Aaron Mapp does not make any commitment to update the materials.
Aaron Mapp has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Aaron Mapp of the site. Use of any such linked website is at the user's own risk.
Aaron Mapp may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Miami, FL and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfilment of those purposes.
Aaron Mapp Terms of Service
Aaron Mapp.com and it’s related sites, services, applications, and tools (each and collectively, the “Site”) are owned by Aaron Mapp, Inc (“Aaron Mapp,” “Aaron Mapp Gallery,” “Gallery,” “We,” “Us”). These terms and conditions (“Terms”) govern your ("Buyer”) use of the Site and your conduct on the Site.
We may modify these Terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to this Site. We encourage you to check the Site frequently to see the current Terms in effect and any changes that may have been made. By using the Site following any modifications to the Terms you agree to be bound by the modifications.
Any inquiries concerning these Terms should be directed to us at the address below.
2. Consent to Processing; International Use
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States or at the location of our service providers. We do not represent that materials on the Site are appropriate or available for use in locations outside the United States. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Buyers agree to comply with all applicable laws, rules and regulations in connection with their use of the Site. The Site may be used only for lawful purposes and in a lawful manner. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside as well as the restrictions on import or export of Items from the Dealer’s country to your country.
3. Operation of the Site and the Role of Aaron Mapp
The Site provides an online marketplace to sell goods ("Items") to Buyers.
The provisions of the Commercial Agents Directive (86/653/EC) as implemented in any European jurisdiction (for example, in the UK via the Commercial Agents Regulations 1993) are expressly excluded from these Terms and our agreement. By using the Site, Buyers select and purchase goods marketed, solely of their own initiative, placing orders via the Site.
4. Relationship of the Parties
The Buyer is responsible for determining the value, condition and authenticity of the Items being purchased, to pay the purchase price to the Gallery including any sales tax, VAT or import/export duties, and to arrange for shipping of the Items purchased.
The agreements between the Buyer and the Gallery shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
5. Eligibility to Use the Site
You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs and the Buyer represents having such experience.
6. Site Use Termination
Aaron Mapp expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of 1stdibs, for any reason or no reason at all, and without prior notice.
7. Registration and Account Access
Registration may be required in order to use the Site.
Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.
Buyers may cancel their registration and account at any time. For your security, requests to terminate accounts MUST originate from the registered email account at Aaron Mapp addressed to firstname.lastname@example.org. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.
8. Item description, pricing and availability; Site unavailability
Aaron Mapp is responsible for the accuracy in describing and pricing the Items on the Site. The Buyer should contact the Gallery before a purchase is made for additional information and/or images of a piece. Pieces online may not be in the same condition when you purchase as when they were photographed. It is the Buyers responsibility to inquire about the current condition before purchasing.
Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Aaron Mapp has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will 1stdibs or the Dealers be held liable for any damages due to such interruptions or lack of availability.
Because most of the Items displayed on the Site are unique and Aaron Mapp offers retail opportunities for the sale of the Item independent from this Site, all Items displayed on the Site are offered for sale strictly subject to availability.
The Buyer is aware that unless otherwise stated, the Items are not new nor in perfect condition and may require touch-up or repairs prior to use and that the available information about these Items may be limited. The Site is designed to provide the Buyer access to Items as presented to them.
9. The Sale Process
Purchases through Site. When a Buyer identifies an Item for purchase, the Buyer may make an offer to purchase the Item directly through the Site’s checkout page or by contacting the Gallery through any method listed on the Site. At that time the Buyer shall submit valid payment information to Aaron Mapp for payment of the Total Purchase Price. The "Total Purchase Price" is the price agreed to on the Site between Buyer and Aaron Mapp and includes (i) the agreed price of the Item (the "Purchase Price"); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Dealer is required to collect from the Buyer under applicable law at the time of sale. By making an offer to purchase, the Buyer irrevocably agrees to pay the Total Purchase Price and Aaron Mapp agrees to sell the Item for the Total Purchase Price once a Sale Confirmation is issued to the Buyer. Once made, an offer may not be canceled or revoked by the Buyer unless the offer was made at a time when the Total Purchase Price was yet to be confirmed e.g. because the shipping fees were unknown at the time of placing an offer (and subject to any statutory rights a Buyer may have).
10. Payment for Products Purchased
Immediately upon receipt of the Sale Confirmation, the Buyer shall remit an amount equal to 100% of the Total Purchase Price.
The Buyer hereby irrevocably authorizes Aaron Mapp upon Sale Confirmation to charge the Buyer’s credit card or other payment methods for an amount equal to the Total Purchase Price.
If for any reason after receipt of the Sale Confirmation, Buyer cancels a payment made by credit card or any other means or the Buyer otherwise fails to make any payment(s) with respect to the Total Purchase Price, Buyer shall remain liable to the Aaron Mapp for the full Total Purchase Price and any costs related to the sale of the Item including but not limited to taxes, storage and handling fees if applicable and any costs incurred by Aaron Mapp including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to the preceding sentence and in addition to any other remedies at law or equity, in the event of Buyer default, Aaron Mapp reserves the right, at its election, to retain any and all payments paid by Buyer prior to Buyer default with respect to the Item and to cancel the sale of the Item without any further obligation to Buyer. The Buyer acknowledges and agrees that damages to Aaron Mapp in the event of Buyer Default will be difficult or impossible to prove and that the paid amount is reasonable compensation to Aaron Mapp for damages suffered and constitutes liquidated damages and not a penalty.
11. Right of Cancellation
Cancellation of orders are not allowed.
12. Sales are "As-Is"
All Items displayed on the Site are sold "AS IS". Aaron Mapp does not make any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Aaron Mapp makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
13. Expert Review
If the Buyer is purchasing an Item based partially or entirely on its stated provenance, designer or creator, the Buyer may at its option and at its own cost arrange with the Aaron Mapp to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Any arrangements for inspection shall be made between the Buyer and Aaron Mapp. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert is at the Buyer’s own risk and cost.
14. Taxes and Import/Export Duties
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, "Taxes"). The Buyer shall pay Aaron Mapp such Taxes as is required to collect, but failure of the Aaron Mapp to collect the Taxes will not relieve the Buyer’s obligation. It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United States or any other country.
15. Import/Export Restrictions
Some of the Items sold on the Site may require cultural, customs and endangered species permits for export from the country where they are located and import into the Buyer’s country. Items may also be subject to a right of the country from which they are exported to purchase the Items from the Buyer, sometimes called a "right of preemption". Aaron Mapp does not make any representation, gives any warranty or shall have any liability to the Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere.
If the listing of any Item on the Site discloses that the Item requires a cultural export permit or Aaron Mapp discloses such requirement after confirmation of the sale but before the shipper picks up the Item, or the Buyer first learns that an export permit is required after the Item has been picked up by the shipper, and Aaron Mapp is unable to obtain the export permit within thirty (10) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the Buyer may rescind the sale of such Item by giving written notice to Aaron Mapp within seven (3) business days after expiration of the applicable thirty (10) day period. In no event shall the Buyer be entitled to rescind a sale more than ninety (30) days after the date of the sale to the Buyer.
If the sale is rescinded, the Buyer shall cause the affected Item to be returned to the Dealer at the Buyer’s cost unless otherwise agreed. Upon such return, Aaron Mapp shall return to the Buyer the Total Purchase Price minus a 20% restocking fee. The benefit of this right of rescission is not assignable and belongs solely to the Buyer.
16. Transfer of Title/Risk of Loss
Aaron Mapp will convey clear title of each Item to the Buyer upon receipt by Aaron Mapp or his/her agent of their Total Purchase Price for the Item.
In the case of Buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon Aaron Mapp's delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from the Gallery. In the case the Gallery is arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item. The Gallery is the sole owner of each Item offered for sale on the Site and is duly authorized by the owner of the Item to sell the Item and that the Gallery will transfer ownership of the Item to the Buyer free from any claims by third parties.
Buyer-arranged shipping. Buyer is in every instance free to arrange Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents. Buyer may also ask the Gallery to arrange for shipping of Items on Buyer’s behalf which may be subject to pre-advertised shipping prices.
Gallery-arranged shipping. Buyer may elect to have the Gallery arrange for crating, packaging, shipping and freight insurance. Upon Buyer’s request Gallery shall provide shipping information including the name of the freight carrier, the complete cost of shipment from Gallery to Buyer’s designated receiving address, the cost of any duty or other charges to be paid by Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by the Gallery for crating or packaging the Items for shipment. Buyer and the Gallery shall mutually agree on shipment terms and Buyer shall prepay all shipment costs for Gallery-arranged shipping.
18. Buyer Business Practices and Obligations
We expect and require Buyers to comply with the following business practices:
(i) Buyers shall treat Aaron Mapp with respect and without discrimination;
(ii) Buyers must obtain appropriate insurance for all shipments at Buyer’s sole cost for buyer-arranged shipping;
(iii) Buyers shall provide accurate account information and keep contact information up to date; and
(iv) Buyers shall make payment immediately, via major credit card with sufficient available balance or other means to pay the Total Purchase Price when it becomes due.
19. Refusal of Transaction
Aaron Mapp reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. AaronMapp may refuse service to anyone at any time in its sole discretion. Aaron Mapp will not be liable to any Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
20. Copyright Infringement. Notice and Take Down Procedures.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) 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 authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
2421 Lake Pancoast Dr. Suite 4H
Miami Beach, FL 33140
If you become aware that material appears on this site in violation of a copyright please notify us by email at email@example.com.
21. Modification to Site; Monitoring
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Site Monitoring. Aaron Mapp reserves the right, but accepts no obligation, to monitor any activity and content on the Site. Aaron Mapp may investigate any reported violations of applicable law, rule or regulation applicable to Buyers or transactions on the Site and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site. Aaron Mapp may also investigate the use of a credit card by a Buyer and take such action as Aaron Mapp deems appropriate, including but not limited to canceling any offer placed by such Buyer.
22. Prohibited Site Use; Security Rules and User Submitted Content
Prohibited Conduct. The Site may be used only for lawful purposes by individuals using authorized services of Aaron Mapp. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Aaron Mapp specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
(i) Posting any information or using a payment mechanism which is incomplete, false, inaccurate or not your own;
(ii) Impersonating another person;
(iii) Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
(iv) Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
(v) Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
(vi) Posting material that infringes on any other intellectual property, privacy or publicity right of another;
(vii) Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or
(viii) Attempting to interfere in any way with the Site’s or 1stdibs’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
(i) Accessing data not intended for you or logging into a server or account which you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content. You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
(i) provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(ii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
(iii) provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
(iv) provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(v) impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
(vi) use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
(vii) provide User Content which disparage us or our vendors, partners, Dealers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
23. Proprietary Rights
As between you and Aaron Mapp, (or other company whose marks appear on the Site), Aaron Mapp (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Aaron Mapp. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Aaron Mapp, Inc. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Images created or produced or modified by Aaron Mapp. All images created or produced or modified by Aaron Mapp are the sole property of Aaron Mapp. Aaron Mapp may use any such image to promote the Site or for any other purpose at any time without restriction.
24. Links to Third Party Sites
You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
All Site users agree to defend, indemnify and hold Aaron Mapp, Inc., its directors, officers, employees, agents, vendors, partners, contractors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale if Items, the nature or quality of items, their disputes with the Gallery in connection with use of the Site, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Site, including, but not limited to, any third party claim that any information or materials such Site user provides infringes any third party proprietary right. All Site users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of these Terms and your use of the Site.
26. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. AARON MAPP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY ITEMS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(a) any representation or warranty that the Site meets the Buyer’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error or that defects will be corrected;
(b) any representation or warranty with respect to title to or delivery of any Item;
(c) any representation or warranty with respect to intellectual property rights in any Item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the Buyer’s computer monitor;
(e) any representation or warranty regarding the character, reputation or business practices of the Dealer;
(f) any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; or
(g) any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose.
The Buyer must direct all claims regarding any Item to the Gallery and must resolve any dispute regarding any Item directly with the Gallery.
No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty by Aaron Mapp not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You expressly agree to release Aaron Mapp, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You further waive your rights under Section 1542 of the California Civil Code, and any similar law of any applicable jurisdiction, which states: "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." You agree that no joint venture, partnership, employment, or other agency relationship exists between you and Aaron Mapp as a result of these Terms or your use of the Site.
28. Limitation of Liability
IN NO EVENT SHALL AARON MAPP, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF AARON MAPP OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF AARONMAPP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL AARON, INC. OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES 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 AARON MAPP.
29. Arbitration; Waiver of Jury Trial and Class Action; Applicable Law/Jurisdiction
(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association ("AAA") for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration.
(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DEALERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.
(D) Where Held; Language; Governing Law. The place of arbitration shall be the county Miami-Dade, City of Miami, FL, USA, and the proceedings shall be conducted in the English language. These Terms shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws and the arbitrator shall follow the law and judicial precedents that a United States District Judge sitting in the Southern District of New York would apply to the dispute.
Any notices shall be given by postal mail addressed to Aaron Mapp, Inc., 2421 Lake Pancoast Dr, Suite 4H, Miami Beach, FL 33140, to the attention of Legal Department or to the e-mail address provided to Aaron Mapp and currently on record. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless Aaron Mapp is notified that the e-mail address is invalid, in which event Aaron Mapp may give notice by postal mail at the address provided to Aaron Mapp by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
31. General Information
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Failure of 1stdibs to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Aaron Mapp under these Terms or at law. These Terms represent the entire agreement between you and Aaron Mapp and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and Aaron Mapp. Paragraph headings are for convenience only and not for interpretation of these Terms.
32. Contact Us
To contact us with any questions or concerns in connection with these Terms or the Site please write to us at: Aaron Mapp, Inc., 2421 Lake Pancoast Dr, Suite 4H, Miami Beach, FL 33140 or email us at firstname.lastname@example.org.