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Terms and Conditions BrimfieldExchange is an electronic media that offers buyers and sellers of antiques and collectibles a free, voluntary online dealer directory. This directory caters to each of the 20 plus shows which take place in Brimfield, Massachusetts three times per year in May, July and September. The Brimfield Dealer Directory offers both the computer savvy and the non-computer savvy dealer or collector an online and mail in registration process to make it easy for the majority of dealers to be part of the directory. Directory registrants must have an assigned booth space and appropriate documentation with any of the 20 Brimfield Shows or Markets to be in the directory. BrimfieldExchange also offers banner advertising, online BIZZness Cards, and display advertising for which it charges fees. In addition BrimfieldExchange may offer at its discretion other items of information and advertising that pertain to the world of antiques and collectibles. Our website ("Site") has been created to be easily accessible to all users of legal age, but it also has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the BrimfieldExchange Terms of Participation. By pressing the "I ACCEPT" button on the registration page or by mailing us a Mail-In Registration form you are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page. You may also obtain a copy of the Terms by contacting BrimfieldExchange at 10 Palmer Rd., P.O. Box 459 Brimfield, MA 01010. TERMS OF PARTICIPATION 2. BrimfieldExchange is not involved in any transaction between any party who uses our site. There are risks that You assume when dealing with people who might act under false pretenses; all of these risks are borne by You. BrimfieldExchange is a venue for the exchange of information and advertisements pertaining to the world of antiques and collectibles. BrimfieldExchange reserves the right to screen and or censor any material, pictures, wording or other material it deems unfit or inappropriate. BrimfieldExchange cannot and does not control the behavior of the participants on this Site. BrimfieldExchange does not assume responsibility for the content or context of its users. PROHIBITIONS 4. BrimfieldExchange prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without imitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category and placing a fraudulent ad. TERMINATION LINKS TO OTHER WEBSITES AND SERVICES DEALINGS WITH ADVERTISERS DISCLAIMERS 9. BRIMFIELDEXCHANGE MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS, THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BRIMFIELDEXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. 10. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH INFORMATION AVAILABLE ON THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. 11. USER AGREES THAT NEITHER BRIMFIELDEXCHANGE NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BRIMFIELDEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT BRIMFIELDEXCHANGE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT BRIMFIELDEXCHANGE SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. 12. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LICENSE SITE CONTENTS 15. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may search and download the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title and interest in any downloadable materials or software is transferred to you as a result of any such search downloading. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. INDEMNITY GENERAL 18. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to BrimfieldExchange by displaying notices to Users on the Site. 19. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. 20. These Terms of Participation and the relationship between User and BrimfieldExchange shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. User and BrimfieldExchange agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Hampden County, Massachusetts in order to resolve any dispute arising out of these Terms of Participation. 21. The failure of BrimfieldExchange to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. 22. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred. 23. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect. 24. Please help us keep the BrimfieldExchange site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the BrimfieldExchange terms of participation, please contact BrimfieldExchange at 10 Plamer Road, P. O. Box 459, Brimfield, Massachusetts, 01010, or by e-mail. Voice (413)245-0961 * Fax (401)941-5190 |
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