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 Collectons
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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