You also acknowledge and agree that unless MC specifically provides otherwise, this Agreement only applies to this Site and MC’s online retail activities, and does not apply to any of MC’s offline or auction activities.
DISCLAIMER REGARDING ACCURACY, EFFECTIVENESS, SUITABILITY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
User acknowledges and agrees that:
Although MC strives to provide on this Site the latest developments relating to our products and services, and other information about our company, we do not represent or warrant the accuracy, effectiveness and suitability of any information contained on this Site. Further, MC is not responsible if information made available on this Site is not accurate, complete or current. The information on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of Products offered on the Site. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. MC reserves the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
ORDERS, PRICE, PAYMENT, RETURNS AND REFUNDS
Items offered for sale and/or purchased through the Site are referred to herein as the “Products”. The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. MC cannot guarantee that a particular Product will always be available. We reserve the right at any time after receipt of your order for a Product to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event your order is declined or cancelled after your credit card has been charged MC will refund the charged amount to your credit card account.
The prices displayed on the Site are quoted in U.S. dollars and credit and debit cards will be charged in U.S. dollars. In the event an item is listed at an incorrect price, MC has the right to refuse or cancel orders placed for Products listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. As indicated above, if your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Payment is required at the time an order is placed and can be made by credit card, debit card or any other such method as MC may indicate in writing at its discretion. MC reserves the absolute right to accept or refuse any payment made in any form. MC aims to debit money from your account within three working days after receiving your Order. You will not be charged, or if charged will be refunded, for any order that cannot be filled. To maximize security, MC does not hold any credit or debit card details. Your credit card company may also do security checks to confirm it is you making the Order.
Returns and Refunds.
Returns made within 14 days of receipt of the Product will receive a full refund of purchase price excluding shipping costs. Purchaser/User is responsible for cost of return shipping on any Products returned.
Returns made within 15-30 days of receipt of the Product are accepted but only for store credit or exchange. No refund will be issued. Purchaser is responsible for the cost of return shipping on any Products returned.
USE OF MATERIAL ON THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by MC, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to MC, is expressly prohibited. MC reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. MC or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in MC’s sole discretion. MC neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with MC.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. MC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which MC may be entitled, at law or in equity.
USE OF THE SITE AND CONDUCT ON THE SITE
Representation of Legal Entitlement to Use Site.
By accessing the Site you warrant and represent to MC that you are legally entitled to do so and to make use of information made available via the Site. Some features that may be available on this Site require registration. By registering with the Site and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. If you are under 18 years of age, you may use the Site only with the involvement of a parent or guardian.
Visiting the Site or sending emails to or through the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify MC immediately. MC may assume that any communications MC receives under your password have been made by you unless MC receives notice otherwise. You agree to indemnify and hold MC harmless from any acts or omissions that occur through the unauthorized use of your password.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MC is not responsible for third party access to your account that results from theft or misappropriation of your account. MC and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in its sole discretion.
User Warrants not to Frame Site or use Proprietary Marks as Meta Tags.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Material Culture” or “MC”. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without MC’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without MC’s express written consent.
This Site may contain links to other Web sites, some of which may be operated by MC or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. MC has not reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. MC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks (collectively “trademarks”) displayed on this Site are registered and unregistered trademarks of MC, their licensors or content providers, or other third parties. All of these trademarks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. MC reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Disclaimers regarding Site.
YOUR USE OF THIS SITE AND ANY EXTERNAL SITES LINKED TO THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MC RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Disclaimer Regarding Products.
MC MAKES NO REPRESENTATIONS WHATSOEVER AND GIVES NO GUARANTEES AGAINST LATENT OR PATENT DEFECTS WITH RESPECT TO PRODUCTS AND ALL CONDITIONS AND WARRANTIES WHATSOEVER, WHETHER IMPLIED OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED.
MC MAKES NO REPRESENTATIONS WHATSOEVER AND GIVES NO GUARANTEES REGARDING THE SUITABILITY OF ANY PRODUCT FOR USER’S INTENDED USE OR ANY USE WHATSOEVER. NO ACTION OR CLAIM OF WHATEVER NATURE SHALL LIE AGAINST MC ARISING OUT OF OR IN CONNECTION WITH ANY DEFECTS IN OR UNSUITABILITY OF, ANY PRODUCTS.
MC WILL NOT INCUR ANY LIABILITY OF WHATEVER NATURE ARISING IN CONTRACT OR DELICT FROM ANY INJURY, LOSS OR DAMAGE TO ANY PERSON OR PROPERTY ARISING FROM THE USE OF THE PRODUCTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THESE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ANY LINKED SITES IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MC NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MATERIAL CULTURE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MATERIAL CULTURE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MC IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
User agrees to indemnify, defend and hold harmless MC and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site, inability to use the Site, your postings on or regarding the Site, or your violation of this Agreement or any applicable laws, rules or regulations. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. MC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MC, in the defense of such matter.
JURISDICTION AND APPLICABLE LAW
The laws of the Commonwealth of Pennsylvania govern this Agreement and your use of the Site and any purchases made through the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of Philadelphia for any action arising out of or relating to this Agreement. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to change this Agreement at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to this Agreement. Your continued use of this Site following the posting of changes to this Agreement or other policies means you accept the changes.
ENTIRE AGREEMENT AND ADMISSIBILITY
This Agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and MC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter and may not be modified, in whole or in part, except by MC and that anything contained on or provided through this Site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in full force and effect.
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, return receipt requested or (c) commercial overnight courier that provides a delivery receipt and such notices shall be addressed as follows:
New Material Culture, Inc., 4700 Wissahickon Avenue, Philadelphia, PA 19144. Attn. George Jevremovic