Welcome to DecoratorTagSale.com (“Website”). This is your agreement with DecoratorTagSale.com LLC, a Connecticut limited liability company (“Company”) and the owner of the Website. The Website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Website (“Agreement”).
Your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Website. If you do not agree to these terms, please do not use the Website.
The Company provides the Website as a marketplace for you to purchase items online. The role of the Company (except as described under “Company as Seller” below) is limited to making the Website available and maintaining the Website. The Company is acting as an intermediary only and not as an agent for you or any seller for any purpose. The Company’s sole responsibility is to ensure that your funds are properly disbursed in connection with any purchase of items through the Website. The Company reserves the right to place a hold on your credit card in an amount equal to the total freight charge in case delivery cannot be completed for any reason. In the event that delivery cannot be completed, you agree that the Company may charge your card in the amount of the hold. The hold will be removed upon successful delivery of the item.
The sale is directly between you and the seller. The Company does not accept responsibility for any negligence, misconduct or other inappropriate or unbusinesslike behavior by a seller in connection with any transaction entered into on or through the Website. All items posted on the Website are offered subject to availability.
The Company reserves the right to refuse any order you place with us. You may not permit or cause any other person to access the Website using your registration information.
The Company does not accept responsibility for the delivery of or transfer of title to any items purchased through the Website. The sellers whose items are listed for sale on the Website have represented to the Company as follows: (i) the seller is the sole owner of all items he has listed for sale and/or that the seller is duly authorized by the owner of the items to sell the items; (ii) the seller will convey title to the items he has listed for sale to the buyer(s) of such items upon receipt of the purchase price, freight charges, insurance charges and taxes; and (iii) the seller will transfer title to the item(s) to you free and clear of any claims, liens or encumbrances by third parties. The risk of loss of each item will pass to you upon conveyance of title to you.
You acknowledge and agree that items sold through the Website are sold “as is” and with all faults. The Website is designed for users with experience buying items based solely on photographs and, by using the Website, you represent that you have such experience. Items are not necessarily new and may require repairs prior to use and that the available information about these items may be limited. Neither the seller nor the Company makes any guarantee, warranty or representation, express or implied, to you with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purposes, 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. Neither the seller nor the Company makes any representation or warranty as to whether you acquire any reproduction rights or other intellectual property rights in any item. The Company does not verify, or make any representations regarding, any information posted on the Website, including without limitation, any information provided by any seller regarding the seller, its business or any item posted for sale on the Website.
All sales are final. Once the item is delivered and accepted, it cannot be returned for any reason.
The Company may, from time to time, list items for sale on the Website either for its own account or on behalf of an anonymous third party. In the event that the Company is acting as an intermediary, whether for itself or on behalf of an anonymous third party, the Company shall be subject to the same standards as other sellers on the Website. However, in no event shall the Company, when acting as seller, be liable for any amount in excess of the purchase price of the item that is the subject of the dispute.
Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips, website design and content and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by the Company.
The Website and the Contents are intended solely for personal, non-commercial use. You may download or print in hard copy or electronically reproduce the Contents and other downloadable materials displayed on the Website for the purposes of purchasing items through the Website and arranging payment, shipment and delivery only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.
Unless otherwise specified, the Website and the Contents are intended to promote the Company’s products and services available in the United States.
If you believe that the content of any communication provided by you, or any Content appearing on the Website, has been used in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (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, under penalty of perjury, that the 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 this Website is: Kathryn Diehm, Esq.
By postal mail: Rucci, Burnham, Carta & Carello, LLP, 30 Old Kings Highway South, Darien, CT 06820
By telephone: 203-899-3300
By fax: 203-655-4302
By email: Kdiehm@rucciburnham.com
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of the items that appear at the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
You are solely responsible for paying all sales and use taxes and any and all taxes of any kind whatsoever, including those imposed by your local jurisdiction related to the purchase of each item purchased through the Website. You shall pay the seller such taxes as the seller is required to collect, but failure of the seller to collect the taxes will not relieve your obligation. It is your sole responsibility to determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all taxes due relating to any purchase of items through the Website.
The Website may contain links to other Web sites that are not under the control of the Company. Selection of an ad banner or link will redirect you off of the Website to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of the Company. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. You should direct any concerns regarding any external link to the website administrator or webmaster of the third party website. Links are provided solely for the convenience and information of the Website’s users.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties. Without intending to limit the remedies available to the Company, you acknowledge and agree that a breach of this section is likely result in material and irreparable injury to the Company for which there is no adequate remedy at law, and that it may not be possible to measure damages for such injuries with reasonable certainty. In the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary injunction restraining you from engaging in activities prohibited by this section. The Company shall be entitled to reimbursement for reasonable attorney’s fees incurred by it in the enforcement of this section. You hereby waive any requirement that the Company obtain a bond or any similar device in connection with any injunctive relief the Company may be entitled to seek under this section.
The materials on the Website are provided “as is”, “as available” and “where is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The Company expressly disclaims any duty to update or revise the materials on the Website, although the Company may modify the materials at any time without notice. Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. The Company shall not be liable for any damages of any kind related to your use of the Website. THE WEBSITE AND ALL MATERIALS OR ITEMS PROVIDED OR SOLD BY THE COMPANY OR THIRD PARTIES THROUGH THE WEBSITE ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE WEBSITE. THE COMPANY DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
If you have a dispute with any seller, other than the Company when it is acting as seller, you release the Company (and our officers, managers, members, agents, and employees) from claims, demands and damages of every type and nature, known or unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “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 hereby agree to indemnify, defend and hold the Company and its officers, directors, owners, members, managers, agents, information providers, affiliates, consultants, advisors, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of or relating to your dispute with any seller, including the Company, or any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate fully in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without the Company’s prior written approval.
You will not hold the Company responsible for any seller’s actions or inactions or items they list. You acknowledge and agree that, except for items listed by the Company, the Company is not involved in the actual transaction between you and the seller of any item. The Company has no control over and does not guarantee the quality, safety or legality of items listed for sale on the site, the truth or accuracy of sellers’ listings, the ability of sellers to sell items, your ability to pay for items, or that you will actually complete a transaction with any given seller. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OF THE MATERIALS PROVIDED BY THE COMPANY OR THIRD PARTIES THROUGH THE WEBSITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100)
You hereby acknowledge that the use of the Website and the materials available thereon is at your sole risk.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (”Dispute”), the party asserting the Dispute shall try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to the Company at: DecoratorTagSale.com LLC, P.O. Box 464, Greenwich, CT 06836-0464, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party. If a Dispute cannot be settled with the foregoing procedure, the parties agree first to try in good faith to settle the dispute by mediation conducted by a mutually agreed upon professional mediator before resorting to any other form of dispute resolution.
This Agreement shall be construed in accordance with the laws of the State of Connecticut, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts located in Fairfield County, Connecticut. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
These terms are effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement with or without cause at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
The following policies are part of this Agreement and provide additional terms and conditions related to the services offered on the Website:
Each of these policies may be changed from time to time. Changes take effect when they are posted on the Website. All such policies are hereby incorporated into this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on the Company’s registered agent in the State of Connecticut (in the case of the Company) or to the email address you provide to the Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by first class mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
These terms and conditions, the Privacy Statement and any other terms or policies referenced in this Agreement constitute the entire agreement between you and the Company with respect to your access and use of the Website and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and the Company with respect to the Website. The Company may assign these Terms and Conditions (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of the Company or (iii) in connection with the sale of the Website or the business unit associated with the Website.