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Terms of Use

Last Updated: April 7, 2010

Please read these Terms of Use and our Privacy Policy carefully prior to your use of our Web site. By visiting our Web site or submitting information to us, you agree to be bound by these Terms of Use and our Privacy Policy, including any changes or revisions which TheArtExperts.Org, in its sole discretion and from time to time, may make to these Terms of Use and/or the Privacy Policy. If you do not agree with all of these Terms of Use and our Privacy Policy, you are not authorized to use our Web site and your sole remedy is to stop using our Web site.

COMPLIANCE WITH THIS AGREEMENT
You represent that you (i) are of legal age to agree to the terms and conditions set forth in these Terms of Use and our Privacy Policy; and (ii) agree to comply with all local rules regarding online conduct and transmission of information. To determine your compliance with these Terms of Use and our Privacy Policy, TheArtExperts.Org reserves the right, but not the obligation, to monitor your use of our Web site.

USE OF THE WEB SITE
You are only entitled to use our Web site for lawful purposes and pursuant to the terms and conditions of these Terms of Use and our Privacy Policy. Your use of our Web site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Web site or other actions that TheArtExperts.Org, in its sole discretion and from time to time, may elect to take. TheArtExperts.Org reserves the right to suspend or discontinue the availability of our Web site and/or any portion or feature of our Web site at any time in our sole discretion and without prior notice.

CODE OF CONDUCT
You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party's attempts, to:

  1. Use our Web site for any unlawful personal, commercial, research or information gathering purposes.
  2. Circumvent, re-engineer, decrypt, break or otherwise alter or interfere with our Web site.
  3. Create derivative works of or reproduce, modify, distribute, sell or otherwise transfer any rights in and/or to any of the content on our Web site.
  4. Meta tag, provide links to, frame or mirror our Web site.
  5. Restrict, inhibit or prevent any access to, use or enjoyment of our Web site.
  6. Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scraper, avatars or intelligent agents, deep link or other similar automated device, program, algorithm or methodology (other than those made available by TheArtExperts.Org on our Web site or other generally available third party web browsers, e.g., Netscape Navigator or Microsoft Internet Explorer), to access, acquire, copy, monitor, navigate or search our Web site.
  7. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Web site or the contents of our Web site.
INTELLECTUAL PROPERTY RIGHTS
The name "TheArtExperts.Org" and other trade names, URLs and Web site domain names owned and/or operated by TheArtExperts.Org™, graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of TheArtExperts.Org™. You may not use any of these proprietary marks without the prior express written permission of TheArtExperts.Org™. TheArtExperts.Org™ makes no proprietary claim to any third party names, trademarks or service marks appearing on our Web site. Any third party names, trademarks, and service marks are property of their respective owners. Without the prior written consent of TheArtExperts.Org™, you may only print, download or otherwise use our proprietary marks solely for your own non-commercial use consistent with these Terms of Use and applicable law. Except as otherwise permitted under the copyright laws of the U.S., no other copying, distribution, redistribution, transmission, publication or use is permitted. You shall not delete any proprietary notices appearing on any of our proprietary marks. You agree to comply with all applicable U.S. and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with our Web site.

LINKS TO THIRD PARTY WEB SITES
Our Web site may contain links to thirty party Web sites. These links do not constitute an endorsement by TheArtExperts.Org™ of those Web sites, nor the products or services promoted on or offered through those Web sites. We are not responsible for the terms of use, privacy policy, practices or the content of such third parties or their Web sites. We encourage our customers and users of our Webs site to be aware of when they leave our Web site and to read the terms of use and privacy policy of each Web site for which there is a link from our Web site. If you have a question about the terms, of use privacy policy, practices or content of a third party Web site, please contact the applicable third party directly. You acknowledge and agree that TheArtExperts.Org™ shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content or relating to any products or services offered by third parties.

DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, TheArtExperts.ORG™ HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF OUR WEB SITE, CONTENT ON OUR WEBSITE OR ANY PRODUCTS PURCHASED FROM TheArtExperts.ORG™ OR THROUGH OUR WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TheArtExperts.ORG' WEB SITE, CONTENT AND PRODUCTS AVAILABLE FROM THEART EXPERTS.ORG™ OR THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TheArtExperts.ORG™ DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF THE USE OF THE WEB SITE, THE CONTENT OR PURCHAE OF PRODUCTS FROM OUTSIDE THE U.S.

TheArtExperts.ORG™ DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ART EXPERTS.ORG' WEB SITE IS ACCURATE, FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF TheArtExperts.ORG™ WEB SITE IS AT YOUR SOLE RISK.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATIONS OF LIABILITY
THE LIABILITY OF TheArtExperts.ORG™, IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO YOUR USE OR MISUSE OF OUR WEB SITE, ANY CONTENT ON OUR WEB SITE OR ANY PRODUCT PURCHASED FROM OUR WEB SITE, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, INFRINGEMENT OF ANY RIGHTS OF ANY PERSON, PRODUCT LIABILITY, INDEMNITY, SUBROGATION OR CONTRIBUTION, AND REGARDLESS OF THE LEGAL THEORY OR THE DELIVERY OR NON-DELIVERY OF THE PRODUCTS, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUM-STANCE WILL TheArtExperts.ORG™ BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOOD WILL, COST OF SUBSTITUTE PRODUCTS, PARTS OR ACCESSORIES, COST OF CAPITAL, AND/OR THE CLAIMS OF ANY PERSON, OR FOR ANY OTHER REASON WHATSOEVER. TheArtExperts.ORG™ ASSUMES NO RISK AND SHALL BE SUBJECT TO NO LIABILITY FOR DAMAGES OR LOSS RESULTING FROM THE SPECIFIC USE OR APPLICATION MADE OF PRODUCTS PURCHASED THROUGH OUR WEB SITE.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

INDEMNIFICATION OF TheArtExperts.ORG™
You hereby agree to defend, indemnify and hold harmless TheArtExperts.org™ and its officers, directors, shareholders, employees, affiliates, independent contractors, agents and representatives from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to (i) any breach or violation by you of these Terms of Use, our Privacy Policy and/or our Terms of Sale; (ii) your failure to provide accurate, complete and current information when purchasing a product from our Web site; or (iii) your use and/or misuse of our Web site;.

AMENDMENTS TO THIS AGREEMENT, OUR PRIVACY POLICY AND APPLICABLE RULES
At our sole discretion and at any time, we may amend these Terms of Use. You should review these Terms of Use for amendments each time you use, or purchase a product from, our Web site. For your convenience, we post the last date these Terms of Use were updated. If our Terms of Use are amended, the amended Terms of Use will take effect immediately for all customers and users of our Web site. Your continued use of our Web site following an amendment will evidence your acceptance of the amended Terms of Use.

GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use, our Privacy Policy, the use of our Web site and purchase of any products from our Web site are governed by and shall be construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any legal proceeding arising out of or relating to these Terms of Use, our Privacy Policy, the use of our Web site and/or purchase of any products from our Web site, you hereby consent to the exclusive (i) venue of New York State, and expressly waive any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for New York State. The prevailing party in any legal proceeding arising out of or relating to these Terms of Use, our Privacy Policy, the use of our Web site and/or purchase of any products from our Web site will be entitled to an award of their attorneys' fees and costs incurred at trial and all levels of appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that TheArtExperts.Org™ may be irreparably damaged if these Terms of Use, our Privacy Policy or our Terms of Sale are breached by you, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use, our Privacy Policy by you, TheArtExperts.Org™ shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use, our Privacy Policy.

YOU AND TheArtExperts.ORG™ HEREBY (I) IRREVOCABLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, THE USE OF OUR WEB SITE AND/OR THER PURCHASE OF ANY PRODUCTS FROM OUR WEB SITE; (B) YOU CERTIFY THAT NEITHER TheArtExperts.ORG™ NOR ANY REPRESENTATIVE OR AGENT OR COUNSEL FOR TheArtExperts.ORG™ HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT TheArtExperts.ORG WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (C) YOU ACKNOWLEDGE THAT TheArtExperts.ORG™ HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, IN PART, AS A RESULT OF THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

GENERAL INFORMATION
All covenants, agreements, disclaimers, limitations, representations and warranties made in these Terms of Use or our Privacy Policy, as may be amended by TheArtExperts.Org™ from time to time, will survive your acceptance of these Terms of Use or our Privacy Policy and the termination of your use of our Web site. Except for the our Terms of Sale relating to the purchase of a product from our Web site, these Terms of Use or our Privacy Policy, both as amended from time to time, represent the entire understanding and agreement between you and TheArtExperts.Org™ regarding the subject matter of these Terms of Use or our Privacy Policy, and supersede all other previous agreements, understandings and/or representations regarding the same. By using our Web site or purchasing a product from TheArtExperts.Org™ or through our Web site, you consent to receive communications from TheArtExperts.Org™ electronically. Although TheArtExperts.Org™ may choose to communicate with you by other means, TheArtExperts.Org™ may also choose to solely communicate with you electronically by e-mail or by posting notices on our Web site. You agree that all agreements, notices, disclosures and other communications that TheArtExperts.Org™ sends to you electronically satisfy any legal requirement that such communications be in writing. No waiver of any portion of these Terms of Use or our Privacy Policy will be effective unless it is in writing and signed by an authorized representative of TheArtExperts.Org™. The failure of TheArtExperts.Org™ to require performance of any obligation of these Terms of Use or our Privacy Policy will not affect TheArtExperts.Org right to enforce any provision of these Terms of Use or our Privacy Policy at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms of Use, our Privacy Policy or our Terms of Sale, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your obligations under these Terms of Use, our Privacy Policy and/or our Terms of Sale are not assignable, transferable or sub-licensable by you.

WEB SITE AND CUSTOMER SUPPORT
If you have questions, comments or concerns about these Terms of Use, our Privacy Policy or any product we offer through our Web site, please contact us at:

info@theartexperts.org
Attention: Customer Support