Terms of Use

Thank you for your interest in the Collectons.com web site (hereinafter the "site"). We provide our services on this site subject to all of the following conditions. If you visit or participate in our site, regardless of how you enter the site or which pages you chose to view, you irrevocably agree to accept all of these conditions. Our Terms of Use (hereinafter referred to as the "agreement") and Privacy Policy describe the conditions under which we offer our services. Your use of this site is subject to, and contingent on your irrevocable acceptance of, all these conditions.

Legal Notices

Disclaimers and Limitation of Liability

We cannot and do not guarantee that use of the Collectons.com site will be uninterrupted or without errors. We cannot and do not assure the accuracy, integrity, or completeness of the content on this site and/or the products and services we offer. In addition, we make no claims that the content and/or services provided on this site are applicable or appropriate for use outside of the United States. This site is provided on an "AS IS" and "AS AVAILABLE" basis. No oral or written statement or information provided by Collectons.com shall create any warranty of any kind, express or implied, as to the operation of this site or the information, content, or products included on this site. You expressly and irrevocably agree that your use of this site is at your sole and exclusive risk. We do not warrant that this site, its servers, or email sent from us are free of viruses or any other harmful components. Under no circumstances shall Collectons, and/or its officers, directors, employees, shareholders, agents, attorneys and contractors be liable for any damages including, but not limited to, direct, indirect, incidental, punitive or consequential damages arising from the use or inability to use the Collectons.com site. You hereby agree to indemnify and hold Collectons and its officers, directors, employees, shareholders, agents, attorneys and contractors harmless for any and all damages you may incur resulting in any manner whatsoever, directly or indirectly, from your use of this site.

License Governing Use and Access

Collectons grants you a limited revocable license to access our site for your own personal use. You agree not to download or modify any portion of the site, without the prior express written consent from Collectons. This license specifically excludes any resale or commercial use of this site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any other individual or entity; or any use of data mining, robots, or similar data gathering and extraction tools. This site and all portions thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Collectons. You may not frame or utilize framing technology to enclose any proprietary information including text, images, logos, or page layouts. Any unauthorized use, regardless of intent, shall automatically terminate this license. You agree not to portray any of our products or services in a false, misleading, negative, or otherwise offensive manner. Should you do so, based upon Collecton’s sole and exclusive discretion, your limited, revocable, and nonexclusive right to use our site shall automatically terminate without prejudice to any other remedies at law or equity which Collectons may pursue. Use of the Collectons Trademark, trade dress, Proprietary Rights or other intellectual or tangible property without the prior express written consent of Collectons is prohibited.

Proprietary Rights that Apply

All content on this site, including but not limited to our logo, graphics, text, images, icons, audio samples, digital downloads, and data compilations, is the property of Collectons or its content providers and are protected by United States and international copyright laws. The Collectons name and logo are registered trademarks of Natural Web Solutions Inc. in the Unites States.

Member Accounts

To participate in any of the services we offer, a visitor must become a member. Becoming a member is defined by creating an account and password, hereinafter referred to as the "member account." By creating a member account, you agree to accept responsibility for maintaining the confidentiality of your account and password. You also agree to accept sole and exclusive responsibility for any activities occurring under your member account. We do not allow, and you agree not to allow, children under the age of 18 to create member accounts on our site.

Right to Refuse Service

Collectons may refuse our services to anyone at any time, in our sole discretion. Collectons reserves the right to discontinue temporarily or permanently, any or all of our services to anyone at any time, with or without notice. This includes the right to terminate a member account or cancel an order for any reason whatsoever.

Use of Electronic Communications

Visiting our site or sending us emails is a form of electronic communication. We may send you electronic communications through messages on our site or by sending you emails as well. You irrevocably consent that all agreements, notices, updates, disclosures, and any other forms of communication sent to you by electronic methods satisfies any and all legal requirements that these communications be in writing.

Conditions for Specific Services

Many of the services we offer on our web site have individual agreements and requirements that govern your use. The following is an explanation of the procedures you must take in order to participate in these services. All of these options require you to create a member account before participating. For the purpose of this section all merchandise is hereinafter referred to as "Goods". Collectons will bear all risk of loss and/or damage to any Goods only while such Goods are under our actual control and in our actual possession.

Purchase of Goods

There are conditions you must adhere to when purchasing Goods from or through us. You agree to accept the text, images, descriptions, and conditions included in each listing only as our best effort to present the Goods. You agree that they are only guidelines and that we can not and will not be responsible or liable for inaccuracies. You agree to accept all current ordering terms related to payment methods, order cancellation, order modifications, returns and shipping as detailed in the customer service section of the site. These can be accessed here.

Sale of Goods

There are conditions you must adhere to when selling or offering to sell goods to us. We make no representations or guarantees that an offer to sell will be accepted and that a transaction will occur. Soliciting an item in no way obligates us to buy the item or you to sell the item, even if we accept your offer. Your submission of Goods for sale must include a complete and accurate descriptions of the Goods. You represent and warrant that the Goods are, in all respects, as you have represented them to be. We may require you to provide additional information including up to 3 unretouched, digital images of the Goods at no cost to us. We reserve the right to reject any offer for any reason, at our sole and exclusive discretion. If we make a counter offer, any agreement reached is subject to the same conditions, as if we had originally accepted your offer. If we accept your offer, you are responsible for delivering the Goods to us at our place of business, FOB destination. You must pay for all freight, shipping and insurance charges. You consent to bear all risk of loss and/or damage to the Goods arising from said delivery. Please only send Goods to us insured, through the third party shipping agency. By sending us Goods, you represent and warrant that you have full and unencumbered legal title to the Goods, and that sale of the Goods as envisioned herein shall not violate or infringe upon the rights of any third party in any manner whatsoever. We reserve the right to inspect the Goods before agreeing to purchase. If we deem, in our sole and exclusive discretion, that you have misdescribed the Goods in any way, we will return them to you, freight collect. Once the Goods have been received and inspected, we will send you an email confirming acceptance of the Goods. You irrevocably agree that this email communication will satisfy any and all legal requirements that said contract be in writing. You must reply to the email within 72 hours to accept said contract. There will be no legal contract until we have received an acceptance email. A failure to respond will result in us returning the Goods to you, freight collect. We shall remit payment for the Goods within seven (7) days of contract formation.

Additional Conditions

Disputes

All disputes, claims, and questions regarding the rights and obligations of the parties under our Terms of Use or Privacy Policy are subject to arbitration. Either party may make a demand for arbitration by filing a demand in writing with the other party within ninety (90) days after the dispute first arises. Thereafter, arbitration shall be conducted by three arbitrators acting under the rules set forth by the American Arbitration Association. Any and all rights of arbitration, and all other legal rights related hereto, including but not limited to rights at equity or law shall, irrespective of the place where the action may be brought cease and be barred by the expiration of ninety (90) days from the date of a transaction being completed. Should you claim a dispute with any third party, you agree to release and hold Collectons and its officers, directors, employees, agent, attorneys and contractors harmless from all claims, demands and damages whatsoever, whether actual and/or consequential, known and/or unknown, suspected and/or unsuspected, disclosed and/or undisclosed, in any way related to said dispute. Users from California hereby expressly and irrevocably waive the protection of California Civil Code 1542, 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."

General Provisions

The Terms enclosed herein shall be governed by and interpreted under the laws of the State of Colorado. Venue for any proceeding related to these Terms shall be in Boulder County, Colorado.

Any notice or agreements arising from these Terms shall be made in writing.

The Terms in the agreement are severable, and if any provision or provisions hereof are determined to be illegal or otherwise unenforceable, in whole or in part, then the remaining provisions, and their partially unenforceable provisions to the extent enforceable, shall nevertheless be binding and enforceable and shall be construed as closely as possible to their original meanings.

The paragraph headings within this agreement are included solely for convenience and shall not affect the interpretation of this agreement.

Questions

Please feel free to contact us regarding any questions or concerns arising from this agreement. You may also contact us and request to be notified in the event of updates to this agreement. Any questions regarding this agreement should be directed by email correspondence to termsofuse@collectons.com

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1750 30th St. - Boulder, CO - 80301
(303) 339-7777 - 1-866-680-2655
01.04.00-6