Reclaimed Architecture Terms and Conditions of Use  

 

Terms

By accessing this web site, you are agreeing to be bound by these Terms of Use, 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 website. The materials contained in this web site are protected by applicable copyright and trademark law. By using any function or service of the site or logging in to an account you are agreeing to the Terms of Use outlined, you (the user) accept that this is a legally binding document between yourself and reclaimedarchitecture.com. reclaimedarchitecture.com is a online marketplace that allows the buying and selling of reclaimed architecture and architectual salvage. reclaimedarchitecture.com is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of items on this web site and accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.


All users must agree to, and comply absolutely with the Terms of Use set forth by this document. Use of the site constitutes agreement to comply with these Terms of Use.


Disclaimer

The materials on reclaimedarchitecture.com  web site are provided “as is”. We makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.By registering as an reclaimedarchitecture.com user or accessing the site you hereby agree that:


reclaimedarchitecture.com and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the site and services.


No advice, communication or other information provided by reclaimedarchitecture.com and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.


Links

reclaimedarchitecture.com  has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by reclaimedarchitecture.com. Use of any such linked web site is at the user’s own risk.

Terms of Use Modifications

reclaimedarchitecture.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Use. The Date of Terms of Use latest update will always be posted at the bottom of this agreement.


Applicable Law and Venue


Unless otherwise specified, reclaimedarchitecture.com controls and operates this Website from our offices within the State of Florida, United States of America. reclaimedarchitecture.com does not claim that materials in this Website are appropriate or available for use in locations other than the United States. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Website, you agree that the laws of the State of Florida, United States of America, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and reclaimedarchitecture.com or its affiliates.

Collection of information

Users may not collect or store information about other users or members, including email addresses, without their consent.

Limitation of Liability

We try to keep our sites, services, and tools safe, secure, and functioning properly.  You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools.  You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control.  You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.  Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, Terms of Use including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold reclaimedarchitecture.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from the use of this site.

Listing and Selling Products

reclaimedarchitecture.com provides a virtual marketplace to buy and sell architectual elements and reclaimed building materials. Sellers may only list products and conduct sales transactions for items that they are legally able to sell. Any item may be removed at reclaimedarchitecture.com’s sole discretion. reclaimedarchitecture.com reserves the right to remove content which is deemed to be inappropriate. Sellers pay a 8% sales commision on the sale of each item. Sales commission will be automatically deducted at the time of transaction and only if the listed item is sold on reclaimedarchitecture.com. The transaction between buyer and seller shall be considered a legally binding contract between those two parties. reclaimedarchitecture.com shall not be held liable, nor will reclaimedarchitecture.com mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. By listing an item on this site, you agree to pay transaction fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on reclaimedarchitecture.com, your listing will be posted on reclaimedarchitecture.com.  Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so we can not guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors.

Buyer Transactions

Buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and or services. reclaimedarchitecture.com does not represent either party, Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretence, misrepresentation, and with the intent to commit fraud. reclaimedarchitecture.com does not control the content posted by users. If you find content presented by users that is posted with the intent to commit fraud please notify reclaimedarchitecture.com You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy.  If you make a commitment to buy, you enter into a legally binding contract with the seller and are obligated to purchase the item. reclaimedarchitecture.com does not transfer legal ownership of items from the seller to the buyer.


Dispute Resolution


In the event that a dispute arises between one or more users, reclaimedarchitecture.com will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, reclaimedarchitecture.com has no obligation to mitigate or resolve disputes between users and other parties.  reclaimedarchitecture.com encourages users to use the proper local, national or international authorities to assist in dispute resolution.


Right to Refuse Service


It is the sole discretion of reclaimedarchitecture.com to grant site usage, as well as to revoke site usage at any time, for any reason and without notice to you. By your use of the site you agree that reclaimedarchitecture.com is not liable to you or any third party for the termination of your account, or restriction from website usage. reclaimedarchitecture.com reserves the right, in our sole discretion, to cancel unconfirmed or inactive accounts. reclaimedarchitecture.com reserves the right to refuse service to anyone, for any reason, at any time.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.  We use your information only as described in the  Privacy Policy. We view protection of users' privacy as a very important principle.  We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.  You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles.  For a complete description of how we use and protect your personal information, see the Privacy Policy.  If you object to your information being transferred or used in this way please do not use our services.

Eligibility

To access and utilize the resources on this site you must be a registered user or comply with the following restrictions. Services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that reclaimedarchitecture.com shall not be held responsible for any damages incurred by non-commitment to this policy. Users may request inactivation of their account at any time. Inactivation eliminates the functionality of an account and removes it from our active system. Accounts that are inactive for an extended period may be deleted. Records of deleted accounts and users may be maintained, however, once an account has been inactivated or deleted the user name is no longer reserved and may be used again by the same or another user in the future.

Infringement

All users of must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. reclaimedarchitecture.com will cooperate fully with any request from an law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to use of site. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted and or displayed.


Prohibited Items

Any item reclaimedarchitecture.com sees as being innapropriate including but not limitted to Firearms, Explosives, Dangerous Chemicals, Any item that which in whole or in part is subject to a recall, Stolen Items, Ivory or animal products from endangered species collected illegally, Drugs, Alcohol, Tobacco, Items that violates Terms of Use, Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item, items not in your possession or items you don't intend to deliver, Illegal, counterfeit or contraband items of any sort, Misrepresented items or products, Hazardous materials, products, or items, Any product or service that reclaimedarchitecture.com determines to be inappropriate, harmful, fraudulent, or illegal.

Trademarks and Copyrights

reclaimedarchitecture.com trademarks may not be used in connection with any product or service that is not reclaimedarchitecture.com’s and may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits reclaimedarchitecture.com.

All other marks appearing on this Website are the exclusive property of their respective owners.

All content on this Website, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the property of reclaimedarchitecture.com or its content vendors and is protected by U.S. and international copyright laws. The compilation of all content on this Website is the exclusive property of reclaimedarchitecture.com or its content vendors and is protected by U.S. and international copyright laws. All software used on this Website is the exclusive property of reclaimedarchitecture.com or its software suppliers and is protected by U.S. and international copyright laws and other laws.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Website. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the U.S.

Hold Harmless

reclaimedarchitecture.com and reclaimedarchitecture.com representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold reclaimedarchitecture.com and reclaimedarchitecture.com representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others and this website. By executing any transaction or viewing or using any portion of this site you agree to hold harmless reclaimedarchitecture.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.

Taxes

Users shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Password

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify reclaimedarchitecture.com  of any unauthorized use of your password or any breach of security. You also agree that reclaimedarchitecture.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than reclaimedarchitecture.com without reclaimedarchitecture.com's express written permission.


Integration and Severability

If any provision this Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Terms of Use and will not affect the validity and enforceability of the remaining provisions. This Terms of Use represent the entire agreement between reclaimedarchitecture.com and you relating to the subject matter herein, except that reclaimedarchitecture.com’s relationship with its customers is governed by the reclaimedarchitecture.com Terms of Use.


General Release

You hereby release reclaimedarchitecture.com and each of the reclaimedarchitecture.com Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from any and all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to reclaimedarchitecture.com or content accessed through reclaimedarchitecture.com, or any interactions with others arising out of or related to reclaimedarchitecture.com or content accessed through reclaimedarchitecture.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


Your acceptance of these terms

By using this Site, you signify your acceptance of this Privacy Policy and Terms of Use. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.


Contacting us

If you have any questions about this Terms Of Use document, the practices of this site, or your dealings with this site, please contact us at:

http://www.reclaimedarchitecture.com

2408 Victoria Gardens Lane

Tampa, Fl 33606

Legal@reclaimedarchitecture.com


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. This document was last updated on January 23, 2013 Effective Date January 1 2013