Your Art Concierge Terms of Service and Privacy Policy

Welcome to Your Art Concierge, the Leading #1 Referral Directory of Art Service Providers.

 

1. TERMS

 

By accessing or using the website at http://www.yourartconcierge.com, you are agreeing to be bound by the terms of service. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

2. SERVICES

 

A. USE OF SERVICES. You must be 18 years of age or older and have the requisite power and authority to enter into these Terms in order to access or use the Services. Competitors of Your Art Concierge may not access or use the Services.  You agree to use the Services only in compliance with these terms and applicable law, and in a manner that does not violate our legal rights or those of a third party. We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

B. USER REGISTRATION. Intended users of Your Art Concierge must register to use the Services by providing certain information including name and valid email address.

C. COMMUNICATION FROM YOUR ART CONCIERGE. By registering with Your Art Concierge, you agree to receive certain communications in connection with the Services. You may opt out of receiving non-essential communications.

 

3.  INDEMNITY

 

You agree to indemnify, defend, and hold Your Art Concierge, subsidiaries, affiliates, any related companies, partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the Your Art Concierge Entities) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to of use of the Services, (ii) any products or services purchased or obtained by you in connection with the Services.

 

4.  DISCLAIMER

 

BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.

THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT YOUR ART CONCIERGE ENTITIES MAY NOT MONITOR OR CONTROL REFERRALS. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOUR ART CONCIERGE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES. ACCORDINGLY, YOUR ART CONCIERGE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR REFERRALS.

 

YOUR ART CONCIERGE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS REFERRALS. ACCORDINGLY, YOUR ART CONCIERGE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER REFERRAL OR BUSINESS MISUSES IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE REFERRALS OR BUSINESSES REFERRED TO YOU BY YOUR ART CONCIERGE. YOUR PURCHASE AND/OR USE OF THE SERVICES OFFERED BY THIRD PARTIES REFERRED TO YOU BY YOUR ART CONCIERGE IS AT YOUR OWN DISCRETION AND RISK.

 

YOUR ART CONCIERGE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO THE SERVICES OFFERED BY PERSONS OR BUSINESSES REFERRED TO YOU BY YOUR ART CONCIERGE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

 

YOUR ART CONCIERGE ENTITIES MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO $20 (TWENTY DOLLARS).

 

YOUR ART CONCIERGE ENTITIES DISCLAIM LIABILITY FOR ANY (I) INDIRECT OR INCIDENTAL DAMAGES AND/OR (II) LOSS OF INFORMATION.

5. ACCURACY OF MATERIALS

The materials appearing on Your Art Concierge website could include technical, typographical, or photographic errors. Your Art Concierge does not warrant that any of the materials on its website are accurate, complete or current. Your Art Concierge may make changes to the materials contained on its website at any time without notice. However Your Art Concierge does not make any commitment to update the materials.

 

6.  PRIVACY STATEMENT

By using these services, you represent that you have read and understood Your Art Concierge privacy policy.  We may, at times disclose your information to third parties in an effort to comply with legal requests, enforce our terms of service, take action in the event of illegal activities or to protect the rights of Your Art Concierge  and/or its affiliates. 

7. LINKS

Your Art Concierge has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Your Art Concierge of the site. Use of any such linked website is at the user's own risk.

8. MODIFICATIONS

Your Art Concierge may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.  Continued use of the services either as a user or a subscriber signifies that you accept the terms of services and the modification thereof.

9. GOVERNING LAW

Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the procedures specified in this section (Section 8), which shall be the sole and exclusive procedures for the resolution of any such disputes."

NEGOTIATION

(A) The parties shall attempt [in good faith] to resolve any dispute arising out of or relating to this Terms of Service promptly by negotiation between executives who have authority to settle the controversy. Any person may give the other party written notice of any dispute not resolved in the normal course of business. Within [15] days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of that party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within [30] days after delivery of the initial notice, the executives of both parties shall meet at a mutually acceptable time and place, or via phone conference and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. [All reasonable requests for information made by one party to the other will be honored.] All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

MEDIATION

(B) If the dispute has not been resolved by negotiation as provided herein within [45] days after delivery of the initial notice of negotiation, [or if the parties failed to meet within [30] days after delivery], the parties shall endeavor to settle the dispute by mediation, provided, however, that if one party fails to participate in the negotiation as provided herein, the other party can initiate mediation prior to the expiration of the [45] days.] Unless otherwise agreed, the parties will choose a mutually impartial mediator but should they not be able to decide then attorneys for each party will decide upon an mediator.

LITIGATION CLAUSE

(C) If the dispute has not been resolved by nonbinding means as provided herein within [90] days of the initiation of such procedure, this Agreement does not preclude either party from initiating litigation [upon 30 days written notice to the other party]; provided, however, that if one party has requested the other to participate in a nonbinding procedure and the other has failed to participate, the requesting party may initiate litigation before expiration of the above period. These terms and conditions are governed by and construed in accordance with the laws of MI and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

 

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