Terms of Service and Privacy Policy
1. Terms
By accessing the website at http://www.findartexperts.com, owned by FindArtExperts, LLC (hereinafter “FindArtExperts"), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. 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. Use License (SUBSCRIBER and SERVICE PROVIDER)
- Terms of Service apply to both the Subscriber and Service Provider
- Subscriber is defined as any third party, whether an individual or a business, using the website for its intended purpose;
- Service Provider is defined as a business or person listed in the directory regardless of whether the listing is free or paid.
- Permission is granted only to view the materials (information or data) displayed on FindArtExperts website. This is the grant of a license, not a transfer of title, and under this license you may not:
- Print the materials;
- Download the materials;
- Modify, reproduce, copy, distribute, or sell the materials;
- publicly display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on FindArtExperts website;
- create derivative works or appropriate the materials;
- use any type of services or process to appropriate the data or index, retrieve or scape the data contained on www.findartexperts.com
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by FindArtExperts at any time. Upon terminating your viewing of these materials or upon the termination of this license, you may be blocked from accessing this website.
- You are only allowed to maintain one Service Provider account at any given time; you cannot maintain a Service Provider account for a third party without prior authorization from FindArtExperts; FindArtExperts has the right to terminate your account at any time for violations of this agreement; should this happen you are then prohibited from creating another account with FindArtExperts.
- By creating such an account or using the services of FindArtExperts, you are agreeing to the terms of service; you are also responsible for complying with the laws or regulations in the country where these services are accessed.
- To the extent not covered by the above, the copyrighted works authored by FindArtExperts, LLC and located on the FindArtExperts website are owned by FindArtExperts and may not be used without permission of FindArtExperts; and the name FindArtExperts, the slogans “The Premier Directory of Art & Auction Professionals” and “We’ve Got the Right Expert for You” and "Do You Have a Specific Art Service Need? We Have the Solution" and "#1 Rated Global Resource for Exceptional Art & Auction Service Professionals" as well as the person logo are trademarks of FindArtExperts, LLC and may not be used without permission of FindArtExperts.
3. Disclaimer
- The materials on FindArtExperts’s website are provided on an 'as is' basis. FindArtExperts makes no warranties, expressed or implied, and FindArtExperts EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) THAT MAY ARISE BY YOUR SERVICE PROVIDER AGREEMENT OR YOUR USE OF THE FINDARTEXPERTS WEBSITE, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (WHETHER ARISING FROM A STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, OR USAGE OF TRADE). ANY AND ALL SUCH APPLICABLE WARRANTIES ARE NOT TRANSFERABLE. THESE WARRANTY DISCLAIMERS SHALL SURVIVE ANY TERMINATION OF THIS LICENSE AGREEMENT.
- Further, FindArtExperts does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The services provided by FindArtExperts and any of the materials describing such services are either generalized or paid services. Listing of Service Providers are not an indicator of any affiliation or endorsement by FindArtExperts. Nothing on this website should be regarded as establishing any standard of care for any professional or other services provided by FindArtExperts.
4. Limitations
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FINDARTEXPERTS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTIONS OR FOR ANY OTHER CLAIM, EXPENSE, LIABILITY OR LOSS OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR UNDER THE SERVICE PROVIDER AGREEMENT. FINDARTEXPERTS SHALL NOT BE RESPONSIBLE, AND YOU SHALL INDEMNIFY AND HOLD FINDARTEXPERTS HARMLESS, FOR ANY AND ALL CLAIMS ARISING FROM ANY INJURY TO PERSON OR PROPERTY OCCASIONED BY THE OCCURRENCE OF ANY OF THE FOLLOWING REASONS (I)-(VII): (I) ACCIDENTS, THEFT, FIRE OR OTHER ACTS OF GOD; (II) PROBLEMS ASSOCIATED WITH ENVIRONMENTAL CONDITIONS AT THE SITE OF USAGE OF THE FINDARTEXPERTS WEBSITE; III) A SUBSCRIBERS OR SERVICE PROVIDER'S NEGLECT OR MISUSE OF THE FINDARTEXPERTS WEBSITE; (IV) MODIFICATIONS OR REPAIRS TO THE FINDARTEXPERTS WEBSITE; (V) USE BY A SUBSCRIBER OR SERVICE PROVIDER OF THE FINDARTEXPERTS WEBSITE IN A MANNER THAT IS KNOWN OR BELIEVED BY THE SUBSCRIBER OR SERVICE PROVIDER TO INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF FINDARTEXPERTS OR ANY THIRD PARTY; (VI) USE OF THE FINDARTEXPERTS WEBSITE FOR PURPOSES UNAUTHORIZED BY THE LAW OF THE JURISDICTION OF SUCH USE OR (VII) USE OF FINDARTEXPERTS WEBSITE THAT IS NOT AUTHORIZED BY FINDARTEXPERTS, LLC. YOU SHALL INDEMNIFY AND HOLD FINDARTEXPERTS, LLC HARMLESS FOR ANY AND ALL CLAIMS ARISING FROM ANY INJURY TO PERSON OR PROPERTY OCCASIONED BY THE OCCURRENCE OF ANY OF THE ABOVE REASONS (I)-(VII). THIS PROVISION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT
- IN NO EVENT, SHALL THE TOTAL LIABILITY OF FINDARTEXPERTS TO YOU FOR ALL DAMAGES, LOSS, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) ARISING FROM THE TERMS OF YOU USE OF THIS WEBSITE EXCEED, IN THE AGGREGATE $75.
5. Accuracy of materials
The materials appearing on FindArtExperts website could include technical, typographical, or photographic errors. FindArtExperts does not warrant that any of the materials on its website are accurate, complete or current. FindArtExperts may make changes to the materials contained on its website at any time without notice. However FindArtExperts does not make any commitment to update the materials.
6. Links
FindArtExperts 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 FindArtExperts of the site. Use of any such linked website is at the user's own risk.
7. Modifications
FindArtExperts 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.
8. 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.
Privacy Policy
Your privacy is important to us.
It is FindArtExperts policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal contact information for as long as necessary for the fulfillment of those purposes.
We may use your personal information to:
- Collect payments from you;
- Publish your information on the website;
- List your services purchased;
- Send you invoices and/or statement and reminders;
- Send marketing information;
- Enable your access to the website as needed;
- Administer the website; and
- Personalize your website experience
Please recognize that, even though FindArtExperts employs reasonable security measures, any personal or private information that you provide on the internet is subject to an inherent risk of unauthorized access and distribution by third parties. Please limit accordingly the extent that you elect to share any personal or private information with FindArtExperts over the internet, and please do not upload to or post any information on the FindArtExperts website that you would not want released publicly.
This website may contain links to third party websites. FindArtExperts is not responsible for the privacy policies or practices of third party websites.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. FindArtExperts may change this privacy policy from time to time at FindArtExperts sole discretion.
If you have any questions relating to this privacy policy, please write to:
This email address is being protected from spambots. You need JavaScript enabled to view it.findartexperts.com