Dealer Gallery Terms and Conditions
Terms and Conditions of Use
For the purposes of these Terms and Conditions:
1. MADA: “MADA” refers to the Maine Antique Dealers Association.
2. MADA Website: “MADA Website” refers to the MADA website generally, including www.maineantiques.org and its sub-pages.
3. MADA Website Gallery: “MADA Website Gallery” refers specifically to the portion of the MADA Website consisting of an online gallery where members can offer items for sale.
II. For the General Public, Buyers, and Sellers (MADA members)
1. MADA is a Venue: MADA and the MADA Website act as a venue to allow users who comply with MADA’s policies to offer, sell and buy certain goods. MADA is not directly involved in the transaction between buyers and sellers. Consequently, MADA does not transfer legal ownership of items from the seller to the buyer, and does not make any guarantees as to any aspect of the transaction, including but not limited to a buyer’s ability to purchase items, a seller’s ability to sell items, authenticity or authentication of items, quality of items, or that a transaction will be fully consummated. The scope of MADA’s activities ends with its role as market maker. In no way does it act as agent on behalf of any of its members or any buyers or prospective buyers. All negotiations, purchases, and sales are transacted between buyer and seller and in no way involve MADA. Any grievance or conflict, legal or otherwise, arising from the negotiation, purchase, or sale, of anything on the MADA Website Gallery is solely between the buyer and seller and does not involve MADA. MADA reserves the right to remove listings on the MADA Website Gallery at its sole discretion and/or in response to requests or directives from law enforcement, court orders, takedown notices, or similar requests or decrees. MADA makes no uptime guarantees for the MADA Website Gallery. MADA has no obligations with regard to the backing up of data on the MADA Website Gallery, and sellers are advised to back up their own listings and data.
2. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by MADA policies as stated in the MADA Seller Agreement and any other MADA policy documents that are applicable to your activities on or use of the MADA Website, as well as all other operating rules, policies, procedures, terms and conditions that may be published from time to time on the MADA Website by MADA and each of which may be updated by MADA from time to time without notice to you.
3. Binding Sale: All sales on the MADA Website Gallery are binding. The seller is obligated to ship an order or otherwise complete a transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
4. Accuracy of this Site: These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at MADA’s discretion as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites and some of the information accessed through these web pages may originate outside of MADA. MADA excludes any obligation or responsibility for this content.
5. Viruses: MADA makes all reasonable attempts to exclude viruses from the MADA Website, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information or content from the MADA Website.
6. Disclaimer of Warranties: The services, the content and the information on the MADA Website and the MADA Website Gallery are provided on an "as is" basis. MADA, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. MADA and its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the MADA Website or systems, including the MADA Website Gallery. No information obtained via the MADA Website shall create any warranty not expressly stated by MADA in these Terms and Conditions.
Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
7. Limitation of Liability: To the extent permitted by law, in no event shall MADA, its affiliates, licensors or any third parties mentioned on the MADA Website be held liable as a result of the use of the MADA Website Gallery or the actions and/or inactions of any actual or prospective buyer or seller using the site. This specifically includes no liability for any lost profits, any incidental, indirect, exemplary, punitive or consequential damages, or any damages resulting from lost data and/or business interruption resulting from the use of or inability to use the MADA Website, the MADA Website Gallery, MADA systems, services, content or information whether based on warranty, contract, tort, or any other legal theory, and whether or not MADA is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall MADA’s total liability for any damages (direct or otherwise) or loss, regardless of the form of action or claim, whether in contract, tort or otherwise, exceed $100.00. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and exhaustive, and are limited to those expressly provided for in these Terms and Conditions.